Jackson v. Stockert
West Virginia Supreme Court
Appeal from Circuit Court, Upshiir Comity. Suit by Charles F. Jackson and others against G. F. Stock-ert and others. Prom decree for defendants, plaintiffs appeal.
1Dissent
Lynch, J udge
(dissenting) :
As plaintiff had a complete and adequate remedy at law, no equitable grounds existed for the maintenance of this suit. Fraud, it is true, is one of the elementary grounds for jurisdiction in equity; but not all fraudulent conduct warrants relief in that forum. “The jurisdiction of courts of equity does not extend to all possible cases in which the commission of fraud may be involved. If the right invaded is legal, and the remedy at law full, adequate and complete, the concurrent jurisdiction in equity does not exist”. Buck v. Ward, 97 Va. 209; Kane v. Coal Co., 97…
2Cases cited14 opinions
- Buzard v. HoustonSupreme Court of the United States · 1886
- Laidley v. LaidleyWest Virginia Supreme Court · 1885
- Ewing v. Litchfield and Others.Supreme Court of Virginia · 1895
- Wolfe v. Second National Bank of ParkersburgWest Virginia Supreme Court · 1904
- Farmington Village Corp. v. Sandy River National BankSupreme Judicial Court of Maine · 1892
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