The Miscellaneous Reports (Volume 1 ) (Paperback)

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. 1893. Excerpt: ... Misc. Rinnan r. Forty-Second Street Ii. Co. operation, shows a clear legislative intent to abolish that jurisdiction, the former jurisdiction of equity to grant its relief, under the circumstances, continues unabridged. It follows, therefore, that where the statute merely by affirmative words empowers a court of law to interfere in the case, and to grant a remedy, even though such remedy be adequate, and even though it may be special and equitable in its nature, the previous jurisdiction of equity generally remains." Among the illustrations given in the succeeding section to sustain the text, are actions on lost instruments, bonds, notes, bills and the like, in which jurisdiction is retained notwithstanding the enlarged power of the law courts to entertain actions on such instruments. To substantially the same effect see 1 Beach Eq. Jur. 2, 26; Story's Eq. Jur. 64; Force v. City, 27 N. J. Eq. 408; Atkinson v. Leonard, 3 Bro. Ch. 182. In Erey v. Demurest, 16 N. J. Eq. 236, the chancellor said: "The Court of Chancery is not deprived of its original jurisdiction in any case, either by the operation of a statute conferring similar jurisdiction upon the common-law courts, or by the adoption of the principles or practice of the courts of equity." Citing Atkinson v. Leonard, 3 Bro. C. R. 1S2; King v. Baldwin, 17 Johns. 384; Sailhj v. Elmore, 2 Paige Ch. 497; Yaret v. X. Y. Ins. Co., 7 id. 560; White v. Meday, 2 Edw. Ch. 486. In the recent case of Schroedtr v. Loeber, 24 Atl. Rep. 226, the court said: "It is well settled that the jurisdiction of equity is not divested by a statute which gives a court of law power over the same subject. This is the established doctrine." Sedgwick, in his work on Constitutional Law, page 93, says: "Where a right...