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" suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law. "
Report of the West Virginia Bar Association: Including Proceedings of the ... - Page 61
by West Virginia Bar Association - 1898
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Federal Practice: Consisting of the Statutes of the United States Relating ...

William Edward Miller - Courts - 1881 - 728 pages
...May, 1870, c. 114, s. 18, v. 16, p. 144. SEC. 723. When suits of equity may be maintained. • — Suits, in equity shall not be sustained in either...plain, adequate, and complete remedy may be had at law. General principles of common law and equity.— The remedies in the courts of the Umted States at common...
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A Treatise on Equity Jurisprudence: As Administered in the United ..., Volume 1

John Norton Pomeroy - Equitable remedies - 1881 - 740 pages
...by the constitution, and in a number of specified cases arising under statutes of Congress. § 723: "Suits in equity shall not be sustained in either of the courts of the United States, in any case whore a plain, adequate, and complete remedy may be had at law. " These provisions formed §3 1 1 and...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 6

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1882 - 718 pages
...which is not sustained by proof? Can he have a decree under such circumstances for the legal matter? " Suits in equity shall not be sustained in either of...case where a plain, adequate, and complete remedy ma}r be had at law." (ES, sec. 723.) It is, also, an established rule, that where a court of equity...
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Supreme Court Reporter, Volume 8

Law reports, digests, etc - 1888 - 1450 pages
...decree could be properly rendered against the defendants? Osborn v. Bank, 9 Wheat. 738, 858. The statute provides that "suits in equity shall not be sustained...adequate, and complete remedy may be had at law." But if one of those courts should render a tinal decree in behaJf of the plaintiff, notwithstanding...
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Supreme Court Reporter, Volume 8

Law reports, digests, etc - 1888 - 1462 pages
...decree could be properly rendered against the defendants? Osborn v. Bank, 9 Wheat. 738, 858. The statute provides that "suits in equity shall not be sustained...adequate, and complete remedy may be had at law." But if one of those courts should render a final decree in behalf of the plaintiff, notwithstanding...
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The Supreme Court Reporter, Volume 17

Law reports, digests, etc - 1897 - 1036 pages
...affirming in this respect the general doctrine in respect to the Jurisdiction of courts of equity, is that "suits In equity shall not be sustained in either...plain, adequate and complete remedy may be had at law." This general proposition has been affirmed by this court in a multitude of cases, among others Ufe...
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Cases Argued and Determined in the Circuit and District Courts of ..., Volume 10

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - District courts - 1883 - 636 pages
...disclosing a necessity for resorting to a court of equity. It is provided by statute of the United States' that "suits in equity shall not be sustained in either...adequate, and complete remedy may be had at law." This is merely declaratory of the pre-existing rule.1 Many authorities were cited by counsel on the...
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Supreme Court Reporter, Volume 12

United States. Supreme Court - Law reports, digests, etc - 1892 - 1066 pages
...section of the judiciary act of 1789, which is carried into the Revised Statutes as section 723, declares that suits in equity shall not be sustained in either...plain, adequate, and complete remedy may be had at law. The allegations as to the Illegality of the action of the land department, and the fraudulent proceedings...
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., Volume 1

John Bouvier - Law - 1883 - 870 pages
...it is of a criminal nature, in the infliction of punishment on the party found guilty ; RS § 722. _ Suits in equity shall not be sustained in either of...plain,, adequate, and complete remedy may be had at law ; RS § 723. This section makes no change in the rule of equity which refuses a remedy when an adequate...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1883 - 616 pages
...the United States, founded, not only upon the legislative declaration in the judiciary act of 1789, " that suits in equity shall not be sustained in either...the courts of the United States in any case where plain, adequate, and complete remedy may be had at law," but also upon the intrinsic distinctions between...
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