Hack v. Concrete Wall Company

(after stating the facts, for reversal). This case was originally assigned to a brother Justice. It was' reassigned to the writer July 1, 1957.

The decisive,question is whether plaintiff’s bill of complaint states an. .appropriate case for consider ation of equity. If it does, and for presently-stated reasons we so hold, this record of 333 printed pages proves again that disposition of chancery eases on motion to dismiss is a practice to be avoided save only when it is clear on face of the bill that equity is without jurisdiction to grant any relief (shaped by the hand of the chancellor rather…