A Treatise on Equity Jurisprudence, as Administered in the United States of America; Adapted for All the States, and to the Union of Legal and Equitable Remedies Under the Reformed Procedure Volume 1

A Treatise on Equity Jurisprudence, as Administered in the United States of America; Adapted for All the States, and to the Union of Legal and Equitable Remedies Under the Reformed Procedure Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...ordinary cases where it had heretofore. been so used; but to permit its use for that purpose whenever it might be necessary in order to prevent a mul 1 Cal. Civ. Code, sec. 3422. Dakota Civ. Code, sees. 2014, 2016, 'Cal. Civ. Code, see. 3423. Also 2017. tiplicity of suits. I have placed in the foot-note the decisions which have given a judicial interpretation to this clause.1 SECTION V. THE DOCTRINE THAT THE JURISDICTION ONCE EXISTING IS NOT LOST BECAUSE THE COURTS OP LAW HAVE SUBSEQUENTLY ACQUIRED A LIKE AUTHORITY. ANALYSIS. The doctrine la applied to both kinds of jurisdiction. Where the jurisdiction at law has been enlarged entirely by the action of the law courts. Ditto, examples. Where the jurisdiction at law has been enlarged by statute. Ditto, examples. Where such statute destroys the previous equity jurisdiction. 276. Is Applied to Both Kinds of Jurisdiction.--There is still another principle affecting the equitable jurisdiction, which remains to be considered in all its relations, namely: Whenever a court of equity, as a part of its inherent powers, had jurisdiction to interfere and grant relief in any particular case, or under any condition of facts and circumstances, such jurisdiction is not, in general, lost, or abridged, or affected because the courts of law may have subsequently acquired a jurisdiction to gi ant either the same or different relief, in the same kind of cases, and under the same facts or circumstances. This principle has already been briefly mentioned as one source of the concurrent jurisdiction; but, like the doctrines discussed in the preceding sections of this chapter, it also extends to and operates in the exclusive jurisdiction. In other words, the exclusive jurisdiction to grant purely equitable reliefs, ...show more

Product details

  • Paperback | 340 pages
  • 189 x 246 x 18mm | 608g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Abridged
  • abridged edition
  • black & white illustrations
  • 1236553888
  • 9781236553881