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" "This case reminds me of one in which I likened the plaintiff's case to a colander, because it was so full of holes.
Sir George Jessel (13 February 1824 – 21 March 1883) was a British judge.
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I never did approve, when at the Bar, and I do not approve now, when on the Bench, of the practice of not deciding a substantial question when it is fairly raised between the parties and argued, simply because it is raised by demurrer. It is a great benefit to all parties to have the question in the case speedily and cheaply determined, and the practice of demurring ought, if possible, to be encouraged.
It must not be forgotten that the rules of Courts of equity are not, like the rules of the common law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time. In many cases we know the names of the Chancellors who invented them.
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