Hatch v. Hillsgrove

The defendant’s position, in support of his exception to the denial of his motion to dismiss, is in substance, (1) that the court was without equitable jurisdiction because it does not affirmatively appear on the record that the plaintiff did not have a plain and effective remedy at law; and that, therefore, the defendant is entitled by constitutional right to the trial of the plaintiff’s title by a jury, and (2) that the plaintiff failed to make out a case for equitable relief on the facts reported.

1. By the terms of P. L., c. 317, the superior court has the powers of a court of equity,…