83. Transfer of stock. § 83. Insurance policies. g. To avoid multiplicity of suits. § 84. Generally. § 85. Discretion of court. §86. Necessity and sufficiency of community of interest. § 87. Action by receiver of corporation or association against stock holders or members. § 88. Action to adjust liabilities of several insurers. h. Retaining jurisdiction. § 89. Generally. coscoscoscose 90. To administer legal relief generally. 91. To award damages. 92. To determine title to land. 93. To award custody of children in case of divorce. 894. In action for specific performance. 95. In miscellaneous actions and proceedings. III. Transfers between law and equity. § 96. Generally. IV. Equity principles. § 97. Generally. 98. Providing remedy for every wrong. § 99. Adapting relief to exigencies of case. cascascascos coscoscos 101. Mutuality. corporations. in trademark cases. 108. Doing or offering equity. 109. where statute of limitations has run against other party. 110. Restitution. 111. Equality as equity. 112. Following the law. 113. Legal right prevails. 114. Priority in time. § 115. § 116. § 117. Regarding as done what ought to be done. Multifariousness in bill, see Time for interposing defenses in equity, see ABATEMENT AND REVIVAL, II. ABATEMENT AND REVIVAL, § 26 ACTION OR SUIT, II. e. Equitable defense in action at law or vice versa, see ACTION OR SUIT, § 36. Whether action one at law or one in equity, see .... Necessity of filing motion for new trial in lower court to secure review of equity case, see Review of discretion of court of, see Review of finding of court of equity, see Reversible error in equity case, see Reversible error in refusing instruction in, see Insufficiency of finding in, as ground for reversal, see .... ACTION OR SUIT, § 64. see APPEAL AND ERROR. APPEAL AND ERROR, § 298 a. APPEAL AND ERROR, § 341 e. ..... Correction on appeal of equitable decree taken for confessed, see Remanding suit in equity, see 988 f, j, l. BANKRUPTCY, § 5 a. .CHATTEL MORTGAGE, § 21. CONTEMPT, § 30. COPYRIGHT, § 10 b. CORAM NOBIS, § 2 a. . Costs AND FEES, § 24 d, e. ELECTION OF REMEDIES, § 29 k. .EQUITABLE CONVERSION. EQUITABLE ELECTION. EVIDENCE, 8248 f. .INFANTS, § 74 b. In favor of third person disappointed by insur er's election to pay instead of rebuilding, see ... INSURANCE, § 733 £. Granting equitable relief in action at law, see ...JUDGMENT, § 63 h. Effect and conclusiveness of determination in b. The practice of the high courts of chancery in England is applicable to our courts of equity, in the absence of an express ruling, so far as furnishing an analogy. Richmond v. Atwood, 17 L.R.A. 615, 52 Fed. 10, 2 C. C. A. 596. § 2. Effect of abolishing distinction between law and equity. a. The provision of the Michigan Constitution directing the abolishment of distinctions between law and equity proceedings applies to only such changes as are practicable. It does not blend legal and equitable interests, but favors the removal of such distinctions as are nominal, rather than such as are real. Brown v. Circuit Judge, 5 L.R.A. 226, 75 Mich. 274, 42 N. W. (Annotated) 827. Interference by, with collection of taxes, see COURTS, § 15 f. Of creditors' bill, see CREDITORS' BILL. Of action by wife for separate maintenance, see DIVORCE AND SEPARATION, §§ 69-72. Of action by husband against wife for support and maintenance, see DIVORCE AND SEPARATION, § 70 b. Relief in equity against forfeiture, see FORFEITURE, § 3. Power to direct sale of infant's real estate, see INFANTS, § 71 b, c, e, k. Of injunction suit, see INJUNCTION. Extension of jurisdiction of equity as infringement on right to trial by jury, see JURY, § 53. Jurisdiction to fix amount of rent, see annul marriage, see MARRIAGE, § 51 a. Power to annul marriage, see MARRIAGE, § 62 b. Enforcement in equity of parol agreement by grantee of property to assume mortgage indebtedness, see MORTGAGE, § 46 h. Of action to foreclose mortgage, see MORT- To appoint receiver, see RECEIVERS. Of action for specific performance of contract, see SPECIFIC PERFORMANCE. Enforcement by, of tax lien in favor of private party, see TAXES, § 223. Power to control discretion of trustee, see TRUSTS, § 76 b. a. Some equitable feature is necessary in order to entitle a complainant to invoke the aid of a court of equity. McCarter v. Armstrong, 8 L.R.A. 625, 32 S. C. 203, 10 S. E. 953. d. A court of equity has no more authority to enforce a duty imposed by statute Control over municipal and county affairs than it has to enforce a moral or contractu generally, see COURTS, II. c, 4. Aiding member of church wrongfully ex-| pelled, see COURTS, § 200 f. spective powers and jurisdiction of courts of law and equity, see COURTS, § 204 e. Resp Jurisdiction as affected by amount in dis pute, see COURTS, § 243. al duty. It will enforce either or all in cases where it has jurisdiction. Northern P. R. Co. v. Van Dusen Harrington Co. L.R.A.1918C, 883, 245 Fed. 454, 157 C. C. A. 616. e. Equity can modify the incidents of a separate estate which is the creation of equity. Roberts v. Stevens, 17 L.R.A. 266, Equitable jurisdiction of probate court gen- 84 Me. 325, 24 Atl. 873. erally, see COURTS, § 252 c-e. Federal jurisdiction in, see COURTS, IV. a, 7. § 4. Power to create rights and obli Effect of state laws on equitable jurisdic-| tion of Federal courts, see COURTS, §§ 300, 301. gations. Receiver's certificates, see RECEIVERS. § 60. a. Equity may not create a legal right II. Jurisdiction. where none exists, and then enforce it by equitable remedies. Skinner v. Tirrell, 21 L.R.A. 673, 159 Mass. 474, 34 N. E. 692. b. Equity does not create new rights which the common law denies, but it gives effective redress for the infringement of existing rights, where, by reason of the special circumstances of the case, redress at law is inadequate. Harper v. Clayton, 35 L.R.A. 211, 84 Md. 346, 35 Atl. 1083. c. A court of chancery is not, any more than a court of law, clothed with legislative power. It may, in cases where no adequate remedy at law exists, enforce, in its own appropriate way, the specific performance of an existing legal obligation, arising out of contract, law, or usage, but it cannot create the obligation. Delaware, L. & W. R. Co. v. Central Stockyards & T. Co. 6 L.R.A. 855, 45 N. J. Eq. 50, 17 Atl. 146. a. In general. b. The jurisdiction of equity to reinstate an action for the sale of land and correct the proceedings therein is not defeated by the fact that the deed issued in such former action may be a defense as color of title in an action of ejectment against the owner thereof, as the owner of such deed is entitled to have a legal title. McGinnis v. Caldwell, 43 L.R.A.(N.S.) 630, 71 W. Va. 375, 76 S. E. 834. § 8. To award damages. Retaining jurisdiction to award damages, see post, § 91. See also post, §§ 84 n, 95 m, 108 f; SPECIFIC PERFORMANCE, § 70. a. The general rule is that unliquidated damages for a tort cannot be recovered in equity. L. Martin Co. v. L. Martin & W. Co. 21 L.R.A. (N.S.) 526, 75 N. J. Eq. 257, 72 Atl. 394. (Annotated) § 5. Necessity of first establishing rights at law. See also post, §§ 32 a, 50 a, b, 77 a; IN a. A court of equity will not lend its aid to enforce a demand until there has been a judgment at law, and in some cases an execution thereunder with a return of nulla bona. Dollman v. Moore, 19 L.R.A. 222, 70 Miss. 267, 12 So. 23. b. Where the material facts out of which plaintiff's rights arise are admitted, and, if there is a doubt as to his rights, it is one of law, not of fact, it is not necessary that he should first establish his rights at law before asking relief in equity. Rankin's Appeal, 2 L.R.Å. 429 (Pa.) 1 Monaghan, 308, 16 Atl. 82. § 6. Concurrent jurisdiction. Effect of remedy at law on equitable juris diction, see post, II. b. In case of fraud, see post, § 68. a. In cases of the administration of assets courts of equity have a concurrent jurisdiction with courts of law. Rich v. Bray, 2 L.R.A. 225, 37 Fed. 273. b. Courts of equity have concurrent jurisdiction with courts of law in suits to recover back money lost in gaming contracts, regardless of the question of necessity for discovery, or adequate remedy at law Berns v. Shaw, 23 L.R.A. (N.S.) 522, 65 W. Va. 667, 64 S. E. 930. § 7. To reinstate action. a. Where land has been sold under a decree, and the sale not reported by the commissioner making it, and not confirmed, and an unauthorized deed for the land is made by the commissioner to the purchaser, and the cause is dropped from the docket many years, but not dismissed, equity has jurisdiction of a suit to reinstate the first suit and to direct the conveyance of the land sold, or confirm the sale and the deed already made, on the force of that deed, treating it as a report and evidence of the sale. McGinnis v. Caldwell, 43 L.R.A. (N.S.) 630, 71 W. Va. 375, 76 S. E. 834. b. Courts of equity will not award damages except as ancillary to some other relief decreed. Morgan v. Bell, 16 L.R.A. 614, 3 Wash. 554, 28 Pac. 925. c. A court of equity will always award damages in case equitable relief cannot be given or has become inpracticable for any reason. Van Dusen v. Bigelow, 67 L.R.A. 288, 13 N. D. 277, 100 N. W. 723. d. A court of equity, to effectuate justice, will settle unliquidated damages. Grey ex rel. Simmons v. Paterson, 48 L.R.A. 717, 60 N. J. Eq. 385, 45 Atl. 995. § 9. Effect of novelty. See also INJUNCTION, § 2 b. in incident presents no obstacle to the a. The absence of precedents or novelty exercise of the jurisdiction of a court of equity. Vanderbilt v. Mitchell, 14 L.R.A. (N.S.) 304, 72 N. J. Eq. 910, 67 Atl. 97. b. Absence of precedent is not a sufficient reason for denying the existence of equitable jurisdiction. Gavin v. Curtin, 40 L.R.A. 776, 171 Ill. 640, 49 N. E. 523. c. New remedies and unprecedented orders may be availed of and made by a court of equity to meet an emergency, when based on sound principles, and calculated to afford burdens. Toledo, A. A. & N. M. R. Co. v. necessary relief without imposing illegal Pennsylvania Co. 19 L.R.A. 395, 54 Fed. 746. d. It is the duty of a court of equity to adapt its practice and course of proceedings, as far as possible, to the existing state of society, and to apply its jurisdiction to all those new cases which, from the progress daily making in the affairs of men, must continually arise, and not from too strict an adherence to forms and rules established under very different circumstances, decline to administer justice and enforce rights for which there is no other remedy. Columbian Athletic Club v. State ex rel. McMahan, 28 L.R.A. 727, 143 Ind. 98, 40 N. E. 914. § 10. Effect of insolvency. See also post, §§ 35 f, 55 n, o, 96 c; INJUNCTION, § 14. a. While the insolvency of the adverse |