Welch v. Williford
Welch v. Williford
Opinion of the Court
This is a suit praying for injunction to prevent further proceedings by distress warrant, and for general and special damages caused by unauthorized interference with plaintiff’s possession. The ground of equitable relief was alleged insolvency of the defendants. When the case was before this court on demurrer it was said that “the plaintiff did not have a
“Equity seeks always to do complete justice; and hence, having the parties before the court rightfully, it will proceed to give full relief to all parties in reference to the subject-matter of the suit, provided the court has jurisdiction for that purpose.” Code of 1933, § 37-105. Under this principle the judge should have allowed the. plaintiff to go to the jury on the question of damages. The grant of nonsuit was erroneous.
Judgment rev&rsed.
Reference
- Full Case Name
- WELCH v. WILLIFORD
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- 1 case
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- Published