Warren v. Baker
Warren v. Baker
Opinion of the Court
It is alleged in the bill, that a judgment
The bill contains a general prayer for discovery and relief.
Under a demurrer to the bill, the defendant denies the equity jurisdiction of the court, and its power as such to grant any relief.
Bills of this sort are usually called bills for a new trial. 2 Story’s Eq., sec. 887. And the only relief contemplated by the bill, is in its nature a review of the action, in which the judgment at law was rendered.
In the case of Marine Ins. Co. v. Hodgson, 7 Cranch., 332, it is said by Marshall, C. J., in delivering the opinion of the court, “Without attempting to draw any precise line, to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said, that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which ho might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his
But in courts, having- the most ample jurisdiction in equity, “ bills of this description have not of late years been much countenanced.” Per Lord Redesdale, 1 Metf., Pl. Eq., by Joreney, 131; Floyd v. Jayne, 6 John. Ch., 479; Woodworth v. Van Baskerk, 1 Ibid., 432. And in these courts it is a rule well established, that if a bill prays for relief, as well as discovery, and if the party is not entitled to the relief, he is not entitled to a discovery. Warren v. Coombs, 17 Maine R., 404. And in cases where the remedy at law is more appropriate fhan the remedy in equity, or the verdict of a jury is indispensable to the relief sought, the jurisdiction will be declined; or if retained, will be so, subject to a trial at law. 1 Story Eq., sec. 66, and seq.
This court cannot entertain bills for discovery, which do not pray for relief, and seek a discovery only in aid of an action at law; and it cannot entertain bills of this description, for the reason, that by the statute its jurisdiction is limited to cases in which it can give relief; and to other cases, in which the power to require a discovery is specially given. And although relief may be and usually is given consequent upon discovery, it has been held, and such is the settled ^doctrine, under the limited jurisdiction of this court in equity, that such relief ought not to be given, when to obtain the verdict of a jury is the most appropriate proceeding, to ascertain the extent of the relief. R. S. of 1841, chap. 96, sec. 10; Warren v. Coombs, before cited; Woodman v. Freeman, 25 Maine R., 531.
The judgment referred to in the bill, according to the allegations therein, is a valid judgment at law, and is now in full force. The relief sought can be granted in no other mode, than by a review of the action in which the judgment was rendered. Discovery, in this case, can be only for the
Bill dismissed.
Reference
- Full Case Name
- Daniel Warren, in Equity, versus Benjamin F. Baker
- Status
- Published