 '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
 | Law reports, digests, etc - 1908 - 1186 pages
...Fed. 618. 48. The judiciary act of 1789, § 16, proTiding that suits in equity shall not be sustained in any case where a plain, adequate. and complete remedy may be liad ut law, is merely declaratory, making no altération whatever in the rules of equity on tin1 subject... | |
 | United States. Supreme Court - Law reports, digests, etc - 1909 - 554 pages
...prayed for is such as a court of law is competent to grant, a court of equity has no jurisdiction. Suits in equity shall not be sustained in either of...plain, adequate and complete remedy may be had at Jaw. 1 Stat. 82; Rev. Stat. § 723. And see Hipp v. Babin, 19 How. 271 ; Funell v. Gregg, 213 U. 8.... | |
 | Harry Dwight Nims - Business - 1909 - 640 pages
...cases at common law, and which by express statute declares that suits in equity shall not be sustained in any case where a plain, adequate, and complete remedy may be had at law, as has always heretofore been considered the case in causes of libel and slander, we do not think that... | |
 | Henry Campbell Black - Constitutional law - 1910 - 950 pages
...the party to his legal action." It was provided in the judiciary act of 1789, and is still the law, that "suits in equity shall not be sustained in either...adequate, and complete remedy may be had at law." 8* But this is understood to s1 Barrow SS Co. v. Kane, 170 US 100. 18 Sup. Ct. 526. 42 L. Ed. 964.... | |
 | Joseph Ragland Long - Courts - 1910 - 108 pages
...federal courts may be to some extent enlarged by the legislation of the state. It is provided by Congress that "suits in equity shall not be sustained in either...plain, adequate, and complete remedy may be had at law."15 This section is merely declaratory of the familiar rule of equity jurisdiction.16 § 9. Criminal... | |
 | American Bar Association - Bar associations - 1911 - 1088 pages
...16 of the Judiciary Act of Sept. 24, 1789, reproduced in section 723 of the Revised Statute, enacts that ' suits in equity shall not be sustained in either...plain, adequate and complete remedy may be had at law.' These constitutional and statutory provisions control the procedure of the federal courts." Bradford,... | |
 | United States - Courts - 1911 - 268 pages
...Young, 209 US 123, 52 L. Ed. p. 714. SEC. 267. Suits in equity shall not be sustained in any court of the United States in any case where a plain, adequate, and complete remedy may be had at law. Ee-enacting § 723 ESUS, 1 Comp. Stat. p. 583, 4 Fed. Stat. Ann. p. 530, Pierce, Code § 7359. As this... | |
 | 1911 - 1022 pages
...be allowed.— Troost v. Davis, 31 Ind. 34. [m] (Snp. 1883) A suit in equity will not be sustained, where a plain, adequate, and complete remedy may be had at law.— Hardy v. Brier, 91 Ind. 91. [n] (Snp. 1891) The surety on a note who has not yet been compelled to... | |
 | Henry Campbell Black - Conflict of judicial decisions - 1912 - 832 pages
...application of even a local statutory rule in these cases may be restrained by the act of Congress which provides that "suits in equity shall not be...adequate, and complete remedy may be had at law." 1T Hence it is held that a circuit court of the United States, as a court of equity, cannot entertain... | |
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