 '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 6071904Full view - About this book
 | Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1892 - 832 pages
...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,... | |
 | Roger Foster - Courts - 1892 - 812 pages
...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... | |
 | Appellate courts - 1901 - 822 pages
...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.... | |
 | Robert Desty - Civil procedure - 1893 - 722 pages
...Wheat. 212; Fenn v. Holmes, 21 How. 481.) § 243 (723). When suits in equity may l»e 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... | |
 | Robert Desty - Civil procedure - 1893 - 716 pages
...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... | |
 | 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 - 772 pages
...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... | |
 | Charles Fisk Beach (Jr.) - Equity pleading and procedure - 1894 - 800 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.... | |
 | Benjamin Jonson Shipman - Equity pleading and procedure - 1897 - 684 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... | |
 | West Virginia Bar Association - Bar associations - 1898 - 168 pages
...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... | |
 | United States. Patent Office - Copyright - 1898 - 930 pages
...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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