Morrison v. Speer
Morrison v. Speer
Opinion of the Court
I can see nothing in this case on which to ground the jurisdiction of a court of chancery.
The original bill sets out a single execution and
The amended bill does not help out the jurisdiction. It merely makes Morrison the deputy sheriff to whom the payments are alleged to have been made, a party, and seeks to have an account with him. In neither bill, is there any allegation of a want or failure of evidence, arising from the loss of receipts or otherwise, rendering a discovery necessary. No statement is made of any such mutuality of cross demands or of complexity of-account arising from a series of transactions on one side and payments on the other, as calls for the exercise of the jurisdiction of a court of equity. No obstacle whatever is suggested likely to defeat or embarrass the legal remedy. The case was a plain one for the demurrer, and I think the decree should be reversed; the injunction dissolved and the bill dismissed.
The other judges concurred in the opinion of Daniel, J.
Decree reversed, injunction dissolved and bill and amended bill dismissed, with costs.
Reference
- Status
- Published