Big Six Development Co. v. Mitchell
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri.
1DissentHook, Circuit Judge
One effect of the decision is that, whenever a court of equity may issue an injunction in aid of a cause of action that is purely legal, it may for that reason also-draw to itself cognizance of the entire controversy. I think that this is an inadmissible enlargement of equitable jurisdiction. Kellar v. Craig, 126 Fed. 630, 61 C. C. A. 366. A lessor who claims that his lessees in possession have forfeited the lease by breach of condition subsequent has an adequate and efficient remedy at law by notice and action for wrongful. detention. But if there is fear that, before the remedy can be made…
2Cases cited31 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Watson v. SutherlandSupreme Court of the United States · 1867
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.Supreme Court of the United States · 1903
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
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