Carolina Power & Light Co. v. Merrimack Mutual Fire Insurance

DeviN, 0. J.

Tbe plaintiff labels its action as one in tbe nature of a bill of peace. Tbe function of a bill of peace is well recognized in courts of equity. It is a proceeding instituted in that court to invoke tbe aid of its equitable jurisdiction on behalf of one who wishes to be made secure in bis rights against tbe continued recurrence of vexatious litigation of unsuccessful claims, or to prevent a multiplicity of suits. Detroit Trust Co. v. Hunrath, 168 Mich. 180 (192). It is a bill in equity to procure repose from perpetual litigation, and for relief against a multiplicity of suits in…