Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-08-04

LAW AND EQUITY HAVE ORDI-
NARILY CONCURRENT JURIS-
DICTION, EQUITY HAS NOT JG-
RlSDICTION If THE REMEDY AT
LAW WOULD BE COMPLETE
SUFFICIENT AND CERTAIN IN
THE PARTICULAR CASE.
EQUITY HAS NOT JURISDICTION
WHEN THE BILL ALLEGES THAT
DEFENDANTS OBTAINED MONEY
FROM PLAINTIFFS BY DECEIT
AND ASKED THAT AN OPTION
CONTRACT, ALREADY EXPIRED,
BE RESCINDED.
After reciting the facts as shown
from the record, the court says:
From what goes before it will be
readily perceived that the gravamen of
the bill is that the defendants. Ward.
Brown and Cox, obtained certain sums
of money from the complainants and
caused them to make an outlay and
expenditure of other sums by deceit
but more especially by that OF Brown
and Cox, complainant's own associates
or partners in the enterprise engaged
in. 1t is true there are many avermen;s
OF fraud in the bill, but merely de-
nouncing transaction as a fraud. does
not make it such. and especially does
not make it such n fraud as 1t Is pecu-
larry the province of a court of equity
To take cogniZance OF.
I'm general, courts or equity will not
assume Jurisdiction, where the powers
of the ordinary courts are sufficient for
the purposes of justice. and. therefore.
II may be stated as a general rule sub
jet to few exceptions. that where the
l'iainum can have as effectual remedy
IN Il court OF law as in 4 court of equity
and that remedy is direct, certain and
adequate, demurrer which is in truth
demurrer to the jurisdiction of the
court. will hold"
Pomeroy in his work on Equity Ju>
risprudence, says: 1.-The fact that the
legal remedy is not full. adequate and
complete is. therefore. the real founda-
llon OF this concurrent branch of the
equity jurisdiction" Even when tho
cause of action, based upon Il legal
right does involve or present, or is
connected with some peculiar feature or
incident Of the same kind as those over
which the concurrent jurisdiction or
uinIriiy extends, such as fraud ac-
counting and the like. still. if the legal
remedy by action and pecuniary judg-
mcnt for debt or damages would be
complete, sufficient and certain-that is
would do full justice to the litigants-
in the particular case. the concurrent
jurisdiction of equity does not extend
10 auch case. For example. whenever
an action at law will furnish an ade-
luhte remedy. equity does not assume
jurisdiction because an accounting is
demanded or needed. nor because the
case involves or arises from fraud. nor
because contribution is sought from
persons jointly indebted nor even to
recover money held in trust. where an
nctlon for money had and received will
lie"
The IN upon It's face calls for no
rellet that can be afforded complain
ans ether than a decree for specific
sums of money claimed of the defend
ants. the dates from which interest
would run upon the several amounts
beng made 10 appear by the bill it
seNi AS we have seen, the option con-
tlact asked To be rescinded. by its own
terms ana inherent limitations became
null and void To all intents and pur-
poses At the expiration of six months
from its date and this suit
was not brought until more than one
month after the contract became a
M HI ---------- -
We are Of opinion that the demurrer
should have been sustained and the bin
dismissed upon the ground that the
compliments had. if any, completc
csrtaln and adequate remedy at law
Amended and affirmed