Twin City Power Co. v. Barrett
Court of Appeals for the Fourth Circuit
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
- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Watson v. SutherlandSupreme Court of the United States · 1867
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3Cited by3 opinions
- Aetna Life Ins. Co. of Hartford, Conn. v. MaxwellCourt of Appeals for the Fourth Circuit · 1937
- Zenith Carburetor Co. v. Stromberg Motor Devices Co.Court of Appeals for the Seventh Circuit · 1921
- St. Louis Southwestern Ry. Co. v. Stuttgart & R. B. R.U.S. Circuit Court for the District of Eastern Arkansas · 1911