Lorraine v. Long

California Supreme Court
Lorraine v. Long, 6 Cal. 452 (Cal. 1856)
Heydenfeldt

Lorraine v. Long

Opinion of the Court

Mr. Justice Heydenfeldt delivered the opinion of the Court.

Mr. Chief Justice Murray concurred.

Although a party may set up an equitable defence to an action at law, his remedy is not confined to that proceeding. He may let the judgment go at law and file his bill in equity for relief. Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication. «

Judgment reversed and cause remanded.

Reference

Full Case Name
LORRAINE v. LONG
Cited By
12 cases
Status
Published
Syllabus
Although a party may set up an equitable defence to an action at law, he is not confined to that proceeding, He may let the judgment go at law, and file his bill in equity for relief. Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication,