§ 646. Equity jurisdiction.-The jurisdiction of a court of equity pertains to those matters in which the rights of the parties can not be properly ascertained and determined by proceedings at law; and it is a settled rule that where there is an adequate remedy at law the parties have no right to seek redress in a court of equity. The object of an action at law is to recover damages and a judgment at law is generally enforced by a seizure of the property of the party against whom the judgment is rendered. A decree in equity requires the party against whom it is made to do or refrain from doing some act, and obedience to it is enforced by the court through punishment for contempt.

Generally it may be said that courts of equity are established to detect latent frauds and concealments which the process of the law is not adapted to reach; to enforce the execution of such matters of trust and confidence as are binding in conscience, though not cognizable in a court of law; to deliver from such dangers as are owing to misfortune or oversight; and to give a more specific relief, and more adapted to the circumstances of the case, than can always be obtained by the generality of the rules of common law.

§ 647. Injunction - Prohibitory and mandatory.— The aid of a court of equity is sought where it is necessary to prevent the doing of some act which will result in such injury to one's property or rights as can not be adequately compensated in damages, as the destruction of trees, the infringement of copyrights or trade-marks, the creating or continuance of a nuisance, the keeping of ferocious animals, the making of noises at unseasonable hours near one's dwelling, and for other causes. Where a proper case is made the court grants a prohibitory injunction. In a case of emergency the injunction will be temporary and will continue in force until the hearing, when if the complainant makes out his case the injunction will be made perpetual. Where it appears that it is necessary that some act be done to prevent or suppress a wrong, what is known as a mandatory injunction will be granted, as where one has created and maintains a nuisance he will be ordered to remove or abate it.

§ 648. General scope of equity jurisdiction.—The scope of equity jurisdiction is extensive, as will be seen from the following partial enumeration of cases for its exercise. If the execution of a contract has been procured by fraud, equity will cancel it. If by mistake or fraud a contract has been so framed as not to express the intention of the parties, equity will correct the mistake, reform and enforce the contract according to their real intention. A contract to execute a conveyance of land will be specifically enforced in equity when it appears that the party demanding its enforcement is not himself in default. In such cases, where the decree directs a conveyance and the party refuses to obey the decree the court may enforce it by attachment, or by appointing some person to make the conveyance. The appointment of receivers to manage, control and dispose of property, the

adjustment of accounts between partners and between other persons when by reason of the number and nature of the claims they are too complicated to be settled at law; the setting aside of conveyances made to defraud creditors; to regulate trusts and control the trustee in his dealings with the trust estate; the guardianship and control of infants and their property; applications for relief against forfeitures; to compel the delivery of title deeds; to cancel notes or other forms of contract which are not valid or have been discharged; to determine who of several claimants is entitled to a fund in court or in the hands of a third party who is in doubt as to who may be the rightful claimant; proceedings to foreclose mortgages, or to redeem property from sales at foreclosure; these are all matters which are properly cognizable in courts of equity.

§ 649. A court of equity having obtained jurisdiction will administer full relief.-Where a court of equity obtains jurisdiction of the subject-matter of the controversy, it will retain it until all the rights of the parties litigant are finally determined. And where, in the course of the proceedings, it becomes necessary to pass upon the legal as well as the equitable rights of the parties, the court will proceed to a final adjudication of them all, disposing of legal matters according to the principles of law, and disposing of questions of equity according to the settled rules of equity.

§ 650. Suit in equity-How commenced-Pleadings. -A suit in equity is commenced by filing a bill in which the plaintiff sets forth in detail, without repetition, the facts upon which he bases his claim for equitable relief. Upon the filing of the bill a subpœna, or summons, is issued, which is served as in actions at law. If the de

fendant does not appear, he is defaulted and a decree is taken against him by default. He usually appears by a solicitor when he desires to make a defense, and upon a day named, called a rule day, he is required to plead, answer or demur to the bill. A demurrer to a bill is based upon some alleged defect in its form or substance. If the demurrer is sustained the plaintiff can amend his bill; if it is overruled the defendant can plead to the bill or file an answer thereto. A plea to a bill is based upon some special matter of defense to the whole bill or a part of it, and if it is sustained the plaintiff may amend, if he can do so. If he can not amend so as to avoid the force of the plea, it will bar his recovery upon so much of the bill as is covered by the plea. If the plea is overruled the respondent must answer or a decree will go against him. An answer in equity, like an answer in an action at law, may be in the form of a denial of the allegations of the bill, or a confession of the substance of them and the setting up of new matter which constitutes a defense thereto. If the defendant is not content with defeating the plaintiff, but claims that he has a right to some affirmative relief, he files what is known as a cross-bill, in which the facts upon which he bases his claim for relief are set out as fully as is required in the original bill, and to this cross-bill there may be filed a demurrer, plea or answer. Following the answer is the general replication which puts the case at issue. Before filing a replication, an answer which is insufficient may be excepted to, and if the exceptions are sustained a further answer will be required.

§ 651. Evidence on hearing.-The case being at issue the parties proceed to the taking of the evidence which is in the form of depositions made before an examiner, commissioner or some other officer authorized

by law. Sometimes to expedite the hearing of a cause the witnesses are allowed to appear in court and testify as in actions at law. Equity cases are ordinarily heard and decided by the judge without the intervention of a jury. Where the case seems to require it the court may frame an issue of fact to be tried by a jury, but this is an interlocutory proceeding to aid the court in making the final decree. The rules as to the competency of witnesses and the relevancy and admissibility of evidence are the same as in actions at law. The decree of the court is final as to the subject-matter and the parties before the court, and if a party is aggrieved thereby he has his remedy by appeal to a higher court, or by filing another bill in the same court in the nature of a bill of review, which is based upon alleged errors on the face of the record or the discovery of new and material evidence.