Fay v. Hill
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the East•ern District of Missouri; David P. Dyer,‘Judge. Bill by Hugh Hill and Eugene Taylor, doing business as Edward Hill’s Son & Có., against William Eay. Erom a decree for complainants, defendant appeals. This is an appeal from a decree declaring two contracts between the parties to this action void, and enjoining the prosecution of an action at law based upon these contracts.
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Appeal from the District Court of the United States for the East•ern District of Missouri; David P. Dyer,‘Judge. Bill by Hugh Hill and Eugene Taylor, doing business as Edward Hill’s Son & Có., against William Eay. Erom a decree for complainants, defendant appeals. This is an appeal from a decree declaring two contracts between the parties to this action void, and enjoining the prosecution of an action at law based upon these contracts. The facts, briefly stated, are that the appellant was a civil engineer, residing in the city of St. Louis, without any commercial rating, and without any…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1, 2] It is insisted on behalf of appellant that the court, as a court of equity, was without jurisdiction, as there was a complete and adequate remedy at law, and therefore his plea to the jurisdiction should have been sustained. As the action was commenced after February. 1, 1913, when the new equity rules were in force, the fact that the plaintiff had a complete and adequate remedy at law is no longer ground for demurrer or motion to dismiss. The proper procedure is to move to transfer it to the law side. Equity Rule 22 (198 Fed. xxiv, 115 C. C. A.…
2Cases cited8 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Smith v. RichardsSupreme Court of the United States · 1839
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Rodliff v. DallingerMassachusetts Supreme Judicial Court · 1886
- Fifer v. Clearfield & Cambria Coal & Coke Co.Court of Appeals of Maryland · 1906
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3Cited by35 opinions
- Lyons Milling Co. v. Goffe & Carkener, Inc.Court of Appeals for the Tenth Circuit · 1931
- Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
- Unkle v. WillsCourt of Appeals for the Eighth Circuit · 1922
- Klaber v. LakenanCourt of Appeals for the Eighth Circuit · 1933
- Horbach v. CoyleCourt of Appeals for the Eighth Circuit · 1924
30 more not listed; retrieve them via the Exa API.