Act, as often stated by this court, is that " whenever a court of law is competent to take cognizance of a right, and has power to proceed to a judgment which affords a plain, adequate and complete remedy, without the aid of a court of equity, the plaintiff... Lawyers' Reports Annotated - Halaman 2331903Tampilan utuh - Tentang buku ini
| United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 halaman
...Pet. 446, 447. Taking the amendment, the law, and their construction as the one law, it follows, that whenever a court of law is competent to take cognizance of a right, and has power to proceed to a final judgment, which affords a remedy, plain, adequate and complete, without the aid of a court of... | |
| Connecticut. Supreme Court of Errors - 1891 - 672 halaman
...Under these circumstances the plaintiff has perhaps no remedy at law, and, for aught we know, has no adequate and complete remedy without the aid of a court of equity. We think he has such a remedy in equity, and that the second count of his complaint sets up an equitable... | |
| United States. Supreme Court - 1857 - 688 halaman
...alone are recognised and equitable remedies administered. • And the result of the argument is, that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury. The appellants contend, that upon the pleadings and evidence a proper case for the jurisdiction of... | |
| Richard Peters - 1860 - 836 halaman
...and has power to proceed to a final judgment, which affords a remedy, plain, adequate, and complete, without the aid of a court of equity, the plaintiff...; because the defendant has a constitutional right of trial by jury. If the right is only an equitable one, or, if legal, the remedy is only equitable,... | |
| 1871 - 764 halaman
...party from pecuniary injury." Held, also, that whenever a court of law "is competent to take cognizanee of a right, and has power to proceed to a judgment,...without the aid of a court of equity, the plaintiff must in general proceed in law, because the defendant, under such circumstanees, has a right to a trial... | |
| United States. Supreme Court - 1872 - 1546 halaman
...the following conclusion, which appears to be correct: That whenever a court of law in such a case is competent to take cognizance of a right and has...without the aid of a court of equity, the plaintiff must in general proceed at law, because the defendant, under such circumstances, has a right to a trial... | |
| United States. Supreme Court - 1873 - 740 halaman
...numerous other authorities, the matter is thus summed up: "And the result of the argument is, that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury." The right to a trial by jury is a great constitutional right, and it is only in exceptional cases and... | |
| United States. Supreme Court, Samuel Freeman Miller - 1874 - 842 halaman
...alone are recognized and equitable renvedies administered. And the result of the argument is, that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury. The appellants contend, that upon the pleadings and evidence a proper case for the jurisdiction of... | |
| 1920 - 516 halaman
...Mullinax v. Hambright. SC, 104 SE 309. 31. Enulty — Complete Relief. — Wherever a court of law may take cognizance of a right, and has power to proceed to a judgment ~&ffording a plain adequate remedy, the constitutional right of a trial by jury may not b<* abridged... | |
| Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 halaman
...numerous other authorities, the matter is thus summed up: "And the result of the argument is, that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury." The right to a trial by jury is a great constitutional right, and it is only in exceptional cases and... | |
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