EQUITY PROCEDURE. Procedure in equity is much simpler than the procedure at common law. Its essential characteristics are based on the fact that the jurisdiction of equity is in per sonwn and that the sole power of that court is to command timings to be done, and not directly to transfer or otherwise affect the rights of liti gants. The first step in a proceeding in equity was to file in the office of the clerk of the court the bill which is the plaintiff's first pleading. inasmuch as a court of equity acts -in personnni only, it can deal ade quately with a ninny-sided controversy. There was consequently no limit to the number of parties to the proceeding, whose interests might be as diverse as their number, provided they were all interested in the controversy. and they might be brought into the proceeding by a proper bill. Upon service of the sulmoma, the plaintiff then became entitled to an answer, failing, which he was entitled upon the I lefault of the defendant to the relief asked by the bill, or lie could apply to have an attachment issued compelling the defendant to answer. Upon a determination of the questions raised by the pleadings and at the trial, the court might then make its decree ad justing, the rights of all parties and commanding them to carry out its directions. If a party re
fused to obey the decree or order and was willing to accept the punishment for contempt, the court of equity was powerless to execute its decrees; hut in modern practice this contingency is avoid ed by statutes authorizing; the court to appoint an officer of the court to do the act required by the decree to he performed by a party and with the same legal effect. Sec PLEADING; TRIAL; EQUITY.
At any stage of the proceeding, or even before service of process, the court may grant inter locutory or intermediate relief to prevent injury to the parties or the subject of the suit pending the litigation. This is usually in the form of an injunction (q.v.) or the appointment of a re ceiver (q.v.).
Equity procedure, when it has been maintained as a distinct system, as in the United States courts and in a few States, notably New Jersey, has undergone no substantial change; and when modification has been adopted, it has been usually accomplished by rules of court.