Legal Opinion

Twin City Power Co. v. Barrett

Court of Appeals for the Fourth Circuit

Decided November 5, 1903No. 490PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the District of South Carolina, at Charleston. This was a suit in equity, which grew out of the following facts: Thomas Barrett, Jr., a citizen of Georgia, secured certain options from owners on both sides of the Savannah river in the states of South Carolina and Georgia for the purpose of obtaining a site upon which to erect a plant for the purpose of utilizing the water power of said river at a point near Ring Jaw…

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Appeal from the Circuit Court of the United States for the District of South Carolina, at Charleston. This was a suit in equity, which grew out of the following facts: Thomas Barrett, Jr., a citizen of Georgia, secured certain options from owners on both sides of the Savannah river in the states of South Carolina and Georgia for the purpose of obtaining a site upon which to erect a plant for the purpose of utilizing the water power of said river at a point near Ring Jaw Shoals. After a time he discovered that one W. H. Chew, representing G. E. Fisher, of New York, was engaged in a similar…

1Opinion of the Court

KELLER, District Judge,

(after making the foregoing statement). The first error assigned is that the court did not have jurisdiction, because complainant had a plain, adequate, and complete remedy at law. It is not enough to oust the jurisdiction of equity that a plaintiff may have a nominal or appropriate remedy at law, unless the legal remedy is as adequate, complete, and effectual as can be afforded in equity. In Boyce v. Grundy, 3 Pet. 213, 7 L. Ed. 655, decided in January, 1830, Mr. Justice Johnson, speaking for the Supreme Court, says:

“This court has often been called upon to consider…

2Cases cited10 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  4. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  5. Watson v. SutherlandSupreme Court of the United States · 1867

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Aetna Life Ins. Co. of Hartford, Conn. v. MaxwellCourt of Appeals for the Fourth Circuit · 1937
  2. Zenith Carburetor Co. v. Stromberg Motor Devices Co.Court of Appeals for the Seventh Circuit · 1921
  3. St. Louis Southwestern Ry. Co. v. Stuttgart & R. B. R.U.S. Circuit Court for the District of Eastern Arkansas · 1911

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