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Home > Journals > Michigan Law Review > MLR > Volume 23 > Issue 8 (1925)

 

Abstract

As the common law courts develop and discard many of their technical rules it often happens that a remedy at law formerly inadequate becomes perfectly adequate to administer substantial justice to all parties concerned. When such a situation arises the question is raised as to whether or not equity jurisdiction in that field has been ousted. Historically the greatest factor in equitable relief was the inadequacy of the remedy at law. From a strictly logical point of view it would seem that when the remedy at law becomes adequate the Chancellor is pro tanto deprived of his· right to give relief. However this may be theoretically, it has not been so applied as a general rule. Equity once having gained jurisdiction has been loath to give it up. The Chancellor retains his jurisdiction in spite of the adequacy of the legal remedy. Reeves v. Morgan, 48 N. J. Eq. 415. So it comes to pass that law and equity are both administering complete relief. Pomeroy cites numerous examples of this concurrent jurisdiction. 1 Pomeroy's Equity Jurisprudence, 4th ed. §§ 173-189, 276-281. It should be noted, however, that often it is a .statute which, makes relief at law adequate in a certain field. In such a case it may be that the statute, either expressly or impliedly makes the remedy at law the sole remedy, and so necessarily deprives the Chancellor of his right to grant relief in that field. However, when the process has taken place by the judicial legislation of the common law judges themselves, the concurrent jurisdiction results. Another interesting development here (where the remedy is made adequate by judicial legislation only) is that Equity may refuse to exercise the jurisdiction. Such seems to have been the case in total assignments of choses in action-Equity simply refused further relief and left the parties entirely to the law courts. 1 Pomeroy's Equity Jurisprudence, 4th ed. § 281. But in the case of partial assignments, since the law has not yet worked out an adequate remedy, equity still gives relief.

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