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" 'suits in equity shall not "be sustained in either of the courts of the United States, -in any case where a plain, adequate and complete remedy may be had at law," or the constitutional right of parties in actions at law to a trial by a jury. "
The Federal Reporter - Page 607
1904
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 1

Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1892
...proceedings in the federal courts, so as to do away with the force of the law of Congress declaring that ' 'suits in equity shall not "be sustained in...plain, adequate and complete remedy may be had at law," or the constitutional right of parties in actions at law to a trial by a jury. The State, it is true,...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Volume 1

Roger Foster - Courts - 1892
...by the law of the State or of the United States.4 The Revised Statutes of the United States provide that : " Suits in equity shall not be sustained in...adequate, and complete remedy may be had at law." 5 The Supreme Court has construed this statute substantially as follows : The effect of the provision...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1901
...opinion of the court. Suits in equity cannot be sustained in either of the courts of the United States where a plain, adequate, and complete remedy may be had at law. Rev. St. US 723. This section of the judiciary act of 1789 was merely declaratory of existing law....
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A Manual of Practice in the Courts of the United States: Embracing the ...

Robert Desty - Civil procedure - 1893
...Wheat. 212; Fenn v. Holmes, 21 How. 481.) 243 (723). When suits in equity may le maintained. — Suits in equity shall not be sustained in either of...plain, adequate, and complete remedy may be had at law. (Kev. Stats, sec. 723.) This section is merely declaratory, making no alteration whatever in the rules...
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A Manual of Practice in the Courts of the United States: Embracing the ...

Robert Desty - Civil procedure - 1893
...Wheat. 212; Fenu v. Holmes, 21 How. 481.) 243 (723). When suits In equity may be maintained. — Suits in equity shall not be sustained in either of...plain, adequate, and complete remedy may be had at law. (llev. Stats, sec. 723.) This section is merely declaratory, making no alteration whatever in the rules...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 87

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1894
...ruled under the sixteenth section of the Judiciary Act of 1789, declaring that suits in equity should not be sustained in either of the courts of the United...adequate, and complete remedy may be had at law," yet this section has repeatedly been held to be merely declaratory of the pre-exisfing rule, and not...
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Modern Pleading and Practice in Equity in the Federal and State ..., Volume 1

Charles Fisk Beach - Equity pleading and procedure - 1894 - 1404 pages
...jurisdiction of federal courts in that State, so as to give them jurisdiction over a suit in equity in a case where a plain, adequate and complete remedy may be had at law. Whitehead v. Shattuck, 138 US 146; S. G, 11 S. Ct Rep. 276, explaining and distinguishing Holland v....
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Handbook of the Law of Equity Pleading

Benjamin Jonson Shipman - Electronic books - 1897 - 632 pages
...rights as are given by our state or federal constitutions or laws. The judiciary act of congress of 1789 provides that "suits in equity shall not be sustained...adequate, and complete remedy may be had at law"; 17 and this is the important test of equity jurisdiction at the present time, in all courts of equity...
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Report of the West Virginia Bar Association: Including ..., Volume 12

West Virginia Bar Association - Bar associations - 1898
...imprisoned he was entitled to his release on habeas corpus. Sec. 16, Act of 1789 (Rev. Stat., Sec. 723) provides that " suits in equity shall not be sustained...plain, adequate and complete remedy may be had at law." It has been held (Baker v. Biddle, 1 Baldwin, 405) that this was an absolute limitation on the jurisdiction...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1898
...familiar rules of equity, reinforced by statute (sec. 723, Rev. Stats.) is that— suite in eqnity shall not be sustained in either of the courts of...plain, adequate, and complete remedy may be had at law. The objection to the validity of this patent on the ground that it was already covered by the patent...
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