oh well..

Submitted by johnwade on Sat, 03/24/2012 - 12:46

I'm not smart enough to know when I should be afraid. when we get a judgment which is harsh at law it may not be over even when we think it is over.  There is a supplemental decree which adjusts the at law harsh judgment. Valuable for those with the stamina to persist or the vision to expect that peculiar opportunity. To adjust all the matters incidental to the litigation.  Remember equity adjusts the harshness of the at law jurisdiction. The bank makes an excellent  trustee for paying the bills of its brother. The at law jurisdiction has to run its course first and then when you object and bring forth your equitable claim you need adjusting then the equity side has to run its course. Extinguish, extinguish, without commingling, So when we write equitable pleadings and the decree doesn't reflect any substance we can challenge the decree and we can then bump it upstairs to the appeals court which is where our equitable claims can be heard and recognized There has to be no adequate remedy at law in order for the courts of equity to take hold. It's the final decree and our objections which shows how we didn't get any adequate remedy and how the decree didn't reflect the equitable claims according to the pleadings. we have to block and advance. We have to counter their moves. Remember these are adversarial proceedings and focus on your defense. The court awards the at-law spoils, forfeited by the defendant to the plaintiff, who as trustee holds them for the beneficiary. A zero-sum game. Now object to the decree based on your equitable pleadings. The games not over.

© 2010 John Wade Moore. m