Effect of Legal Remedy on Exercise of Jurisdiction

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Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege of a party to bring an action at law or the existence of a common-law remedy not as complete or effectual as the equitable relief shall not deprive equity of jurisdiction.

(Orig. Code 1863, § 3028; Code 1868, § 3040; Code 1873, § 3095; Code 1882, § 3095; Civil Code 1895, § 3941; Civil Code 1910, § 4538; Code 1933, § 37-120.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 10, 89.

C.J.S.

- 30 C.J.S., Equity, § 89.

ALR.

- Constitutionality of statute conferring on chancery courts power to abate public nuisance, 22 A.L.R. 542; 75 A.L.R. 1298.

Injunction against exercise of power of eminent domain, 93 A.L.R.2d 465.


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