Equity without Chancery: The Fusion of Law and Equity in the Field Code of Civil Procedure, New York 1846–76

  title={Equity without Chancery: The Fusion of Law and Equity in the Field Code of Civil Procedure, New York 1846–76},
  author={Kellen Funk},
  journal={The Journal of Legal History},
  pages={152 - 191}
  • Kellen Funk
  • Published 4 May 2015
  • Law, History
  • The Journal of Legal History
The Field Code of Civil Procedure – enacted in New York in 1848 and adopted by a majority of American jurisdictions thereafter – helped develop the modern American trial and influenced law reform in England. Leading accounts of the Code, however, ignore nineteenth-century New York practice which spurred its development, particularly the problems of fusing the separate systems of common law and equity. This article recovers that context and shows that despite scholarly claims to the contrary… 
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