Corbe v. Burkert

Citations

• 33 Pa. Super. 317
• 1907 Pa. Super. LEXIS 292

Syllabus

<p>Equity — Equity jurisdiction — Remedy at law — Multifariousness — Fraud.</p> <p>Jurisdiction in equity depends not so much in the want of a common-law remedy as upon its inadequacy, and its exercise is a matter which often rests in the discretion of the court.</p> <p>Equity seeks to prevent a multiplicity of actions by disposing in one proceeding of all the questions which will arise affecting many persons. To oust jurisdiction the remedy at law must be full, adequate, complete and reasonably convenient.</p> <p>Where a complainant in a bill in equity shows in his bill that four of the defendants had received either by sale or hypothecation five county bonds from a person to whom the plaintiff had delivered the bonds solely for the purpose of exchange into a bond of a borough, and it also appears that the county is made a party to the bill to prevent a redemption of the bonds or a payment of interest thereon, it is reversible error for the court to dismiss the bill either on the ground that there was an adequate remedy at law or because the bill was multifarious.</p>