N.J. Constitutional Convention: Vol. 4, Page 181

Wednesday, July 2, 1947 (Morning session)

not heard that New York cases have occupied any such position. Now, where do the equity opinions of the federal courts stand? They, I understand, handle both equity and law matters. Are federal equity opinions over quoted? Is the disposition of an equity matter by a federal judge ever the subject of quotation?

JUDGE BRENNAN: Are you addressing your question to the Chief Justice or to me?

MR. BROGAN: I will answer that so far as I can. I suppose there are outstanding men, and I will only mention one, Learned Hand. He disposes of a case, and after he goes into the story and you get his opinion you really and truly have something.

MR. SOMMER: Wouldn't that be true whether it was an opinion on equity or law?

MR. BROGAN: That's true. It depends on the judge, and I couldn't say whether or not they have a body of equity jurisprudence, but I assume they have, that is recognized as outstanding. I have had occasion to consider opinions in some of these equity cases, especially where the United States Supreme Court is concerned, and found them to be absolutely - well, they at least settled the law as far as their jurisdiction was concerned. But I do say that we really and truly have magnificent equity jurisprudence which is more respected abroad than at home.

MR. McMURRAY: Might that be true, Judge, because of the fact that we segregate that type of case so that it readily stands out?

MR. BROGAN: That's what the proponents of a separate Court of Chancery say.

MR. DIXON: After all, isn't that true because New Jersey has had some very outstanding jurists - isn't that the real answer?

MR. BROGAN: They have had them and I think still do have them.

MR. DIXON: They do.

MR. PETERSON: Isn't it true that in equity in New Jersey there is a greater field than there is in federal jurisprudence? In equity in New Jersey, well, you have your title cases, and trespass, and a half a dozen others -

JUDGE BRENNAN: The separate fields have put emphasis on New Jersey.

VICE-CHAIRMAN: In federal practice you have a diversity of jurisdiction which depends entirely on the fact that the parties are citizens of different states. In federal courts, sitting in states such as New Jersey, you may have every equitable question that arises in the state courts. The history of our federal courts will show you outstanding federal judges, just as the history of New Jersey will show you outstanding equity judges. I don't think we ought to lose sight of those brilliant equity opinions that were referred to by

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