Equity And Its Remedies
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351.
24 EQUITY AND ITS REMEDIES CHAPTER III.
SOME FEATURES OF EQUITY JURISDICTION AND PROCEDURE.
A. PLAIN, ADEQUATE AND COMPLETE REMEDY AT LAW.
a. Its absence a basis of relief in equity.
b. Its presence as a defense to equitable pro- cedure.
c. Its presence in some cases immaterial.
d. As affecting procedure.
B. THE JURY IN EQUITY.
C. EQUITY ACTS in personam, NOT in rem.
A. "PLAIN, ADEQUATE AND COMPLETE REMEDY AT LAW. " Definition: An adequate remedy at law has been defined as one "as practica...l and efficient to the ends of justice and its prompt administration as the rem- edy in equity. " a. Its absence a basis of relief in equity.
The inadequacy of legal remedies was one cause ot the rise of equity jurisdiction. In respect to some subject matter, parties, and remedies, that juris- diction is exclusive, as has been seen. In respect to other subject matter, where the estate, title or in- terest in dispute is legal and the law courts afford a remedy similar in form to that of the equity courts (as money damages) but where the method of reach- ing this remedy under law procedure is not, upon SOME FEATURES OF EQUITY JURISDICTION 25 the facts of a case, plain, adequate and complete, then jurisdiction at law and in equity is concurrent.
What to read after Equity And Its Remedies?
You can find similar books in the "Read Also" column, or choose other free books by Charles Neal Barney to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
351.
24 EQUITY AND ITS REMEDIES CHAPTER III.
SOME FEATURES OF EQUITY JURISDICTION AND PROCEDURE.
A. PLAIN, ADEQUATE AND COMPLETE REMEDY AT LAW.
a. Its absence a basis of relief in equity.
b. Its presence as a defense to equitable pro- cedure.
c. Its presence in some cases immaterial.
d. As affecting procedure.
B. THE JURY IN EQUITY.
C. EQUITY ACTS in personam, NOT in rem.
A. "PLAIN, ADEQUATE AND COMPLETE REMEDY AT LAW. " Definition: An adequate remedy at law has been defined as one "as practica...l and efficient to the ends of justice and its prompt administration as the rem- edy in equity. " a. Its absence a basis of relief in equity.
The inadequacy of legal remedies was one cause ot the rise of equity jurisdiction. In respect to some subject matter, parties, and remedies, that juris- diction is exclusive, as has been seen. In respect to other subject matter, where the estate, title or in- terest in dispute is legal and the law courts afford a remedy similar in form to that of the equity courts (as money damages) but where the method of reach- ing this remedy under law procedure is not, upon SOME FEATURES OF EQUITY JURISDICTION 25 the facts of a case, plain, adequate and complete, then jurisdiction at law and in equity is concurrent.
What to read after Equity And Its Remedies?
You can find similar books in the "Read Also" column, or choose other free books by Charles Neal Barney to read onlineMoreLess
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