Handbook of Equity Jurisprudence

Cover Handbook of Equity Jurisprudence
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169.
Exoneration.
170.
Subrogation.
171.
Marshaling.
We come now to the consideration of that department of equity jurisprudence where its jurisdiction rests chiefly on its distinctive procedure. For breach of contract, for perpetration of a fraud, for the infringement of a right, an action for money damages was, as a rule, the only remedy afforded by the common law. Equity, how- ever, took a different view, and held that in many cases damages did not afford adequate relief. Hence it assumed ju
...risdiction to grant its own peculiar remedies; such as specific performance, in- junction, cancellation, reformation, etc. It must, however, be ad- mitted that it is impossible to draw any clearly-defined line between those matters in which the jurisdiction of equity has arisen from the distinctive character of its principles and those in which it is to be ascribed to the superiority or peculiarity of its procedure.
ACCOUNTING.
164. Equity -will assume jurisdiction in matters of ac- count: (a) Where a fiduciary relation exists between the par- ties.


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