Equality

Likeness in possessing the same rights and being liable to the same duties.

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. 2S9; Little Rock & M. R. Co. v. R. Co., 03 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 pares non est potestas: a judge cannot, therefore, punish another judge of the same court for using any expression in court, although the words used might have been a contempt in any other person. Bacon, Abr., Of the Court of Sessions, Of Justices of the Peace. In contracts, the law presumes that the parties act upon a perfect equality: when, therefore, one party uses auy 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 designating what each takes, they are presumed to take in equal proportions; Treadwell v. Bulkley, 4 Day (Conn.) 395, 4 Am. Dec. 225; Henderson v. Womack, 41 N. C. 437; Appeal of Young, S3 Pa. 59. It is a maxim that when the equity of the parties is equal, the law must prevail; Johnson v. Brown, 3 Call (Va.) 259; and that as between different creditors, equality is equity; De La Yergne v. Evertson, 1 Paige, Ch. Equalization in revenue statutes means to bring the assessment of i parts of a taxing district to the.-lard; Huidekoper v. Hadley, 177 Fed. l, lou C. C..

40 L. R. A. (N. S.j 505.

See Tax.