Thompson v. Railroad Companies
Supreme Court of the United States
The case was this: The code of civil procedure of Ohio provides that every action must be prosecuted “in the name of the real party in interest,” &c.; and “that the distinction between actions at law and euits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be, hereafter, but one form of action, which shall be called a civil action With this provision of the code in force, the Central Ohio and another…
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The case was this: The code of civil procedure of Ohio provides that every action must be prosecuted “in the name of the real party in interest,” &c.; and “that the distinction between actions at law and euits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be, hereafter, but one form of action, which shall be called a civil action With this provision of the code in force, the Central Ohio and another railroad company agreed to transport over their road, for one Thompson, a quantity of horses and mules, stipulating for…
1Opinion of the CourtJustice Davis
Pías a court of equity jurisdiction over such a case as is presented by this record? If it has not, the decree of the court below must be reversed, the bill dismissed, and the parties remitted to the court below to litigate their controversies in a court of law. Usually, where a case is not cognizable in a court of equity, the objection is interposed in the first instance, but if & plain defect of jurisdiction appears at the hearing, or on appeal, a court of equity will not make a decree. *
The Constitution of the United States and the acts of Congress, recognize and establish the distinction…
2Cases cited1 opinion
- Robinson v. CampbellSupreme Court of the United States · 1818
3Cited by111 opinions
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Matthews v. RodgersSupreme Court of the United States · 1932
- In Re SawyerSupreme Court of the United States · 1888
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Scott v. NeelySupreme Court of the United States · 1891
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