EQUALITY. Likeness in possessing the same rights and being liable to the same du ties. See 1 Toullier, nn. 170, 193.
The word equal implies, not identity, but duality ; the use of one thing as the measure of another. Kentucky & I. Bridge Co. v. R. Co., 37 Fed. 624, 2 L. R. A. 289 ; Little Rock & M. R. Co. v. R. Co., 63 Fed. 775, 11 C. C. A. 417, 26 L. R. A. 192.
Judges in court, while exercising their functions, are all upon an equality, it being a rule that inter non est potestas: a judge cannot, therefore, punish another judge of the same court for using any ex pression in court, although the words used might have been a contempt in any other person. Bacon, Abr., Of the Court of Ses sions, Of Justices of the Peace.
In contracts, the law presumes that the parties act upon a perfect equality: when, therefore, one party uses any fraud or deceit to destroy this equality, the party grieved may avoid the contract. In case of a grant
to two or more persons jointly, without des ignating what each takes, they are presumed to take in equal propoitions ; Treadwell v. Bulkley, 4 Day (Conn.) 395, 4 Am. Dec. 225 ; Henderson v. Womack, 41 N. C. 437 ; Appeal of Young, 83 Pa. 59.
It is a maxim that when the equity of the parties is equal, the law must prevail ; John son v. Brown, 3 Call (Va.) 259 ; and that as between different creditors, equality is equi ty ; De La Vergne v. Evertson, 1 Paige, Ch. (N. Y.) 181, 19 Am. Dec. 411. See Karnes, Eq. 75; EQUITY.
Equalization in revenue statutes means to bring the assessment of different parts of a taxing district to the same relative standard ; Huidekoper v. Hadley, 177 Fed. 1, 100 C. C. A. 395, 40 L. R. A. (N. S.) 505.