The remedy must be plain : for, if it be doubtful and obscure at law, Equity will assert its jurisdiction. It must be adequate ; for if at law it falls short of what the party is entitled to, that founds a jurisdiction in Equity. And it must be complete... The Canadian Law Times - Page 2501889Full view - About this book
| Joseph Story - 1839 - 658 pages
...not the most precise, description of a Court of Equity, in the English and American sense, is, that it has jurisdiction in cases of rights recognized...remedy cannot be had in the Courts of Common Law. 2 The remedy must be plain ; for, if it be doubtful and obscure at law, equity will assert a jurisdiction.... | |
| 1839 - 508 pages
...Equity, in the English or American sense, is, that it has jurisdiction in cases of rights recognised and protected by the municipal jurisprudence, where...remedy cannot be had in the Courts of Common Law. 2 " The rights must be such as are recognised by municipal jurisprudence, that is, they cannot be rights... | |
| Matthew Dobson Lowndes - 1843 - 80 pages
...Equity in the English and American sense is, that it has jurisdiction in cases of right, recognised and protected by the municipal jurisprudence, where...be doubtful and obscure at law, Equity will assert its jurisdiction. It must be adequate ; for if at law it falls short of what the party is entitled... | |
| John Bouvier - 1843 - 752 pages
...where a plain, adequate and complete remedy cannot be had at law ; that is, in the common law courts. The remedy must be plain ; for, if it be doubtful...obscure at law, equity, will assert a jurisdiction. So it must be adequate at law ; for, if it fall short of what the party is entitled to, that founds... | |
| James Philemon Holcombe - 1846 - 376 pages
...jurisdiction .of Equity described ? Courts of Equity have jurisdiction in cases of rights recognised and protected by the municipal jurisprudence, where...complete remedy cannot be had in the Courts of Common Law.1 If the remedy at law is doubtful or obscure, or if it falls short of what the party is entitled... | |
| Popular encyclopedia - 1846 - 886 pages
...where a plum, adequate, and complete remedy cannot be had at law ; Uiat is, in the common law courts. The remedy must be plain, for, if it be doubtful and...obscure at law, equity will assert a jurisdiction. So it must be •"».,.•<!.•.• at law ; lor, if it fall short of what the party is entitled -to,... | |
| 1848 - 476 pages
...jurisdiction in cases where a plain, adequate, and complete remedy cannot be had iu the common law courts. The remedy must be plain, for if it be doubtful and...jurisdiction. It must be adequate, for if at law it fall short of what the party is entitled to, that founds a jurisdiction iu equity ; and it must be... | |
| Georgia. Supreme Court - 1848 - 712 pages
...340; 7 Johnt. Ch. R. 208; 6 id. 132. Whenever a right is recognised and protected by the law, where & plain, adequate and complete remedy cannot be had in the courts of common law, courts of equity have jurisdiction. 1 Story Eq. Jur. tee. 33 ; 10 Johnt. R. 587 ; 17 id. 284. The case... | |
| 1848 - 440 pages
...has filed up in his recent Treatise on Equity, is this. A court of equity has jurisdiction in cases where a plain, adequate, and complete remedy cannot be had in the common law courts. The remedy must be plain, for if it be doubtful and obscure at law, equity will... | |
| 1849 - 492 pages
...jurisdiction in cases where a plain, adequate, and complete remedy cannot be had in common-law courts. The remedy must be plain, for if it be doubtful and...jurisdiction. It must be adequate, for if at law it fall short of what the party is entitled to, that founds a jurisdiction in equity ; and it must be... | |
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