Grubb v. Starkey

Citations

• 90 Va. 831
• 20 S.E. 784
• 1894 Va. LEXIS 77

Syllabus

<p>1. Equitable Jurisdiction — Specific performance — Damages.—Equity may enforce specific performance of a contract to do on plaintiff’s property definite work, wherein he had a material interest, and there cannot be adequate compensation in damages ; and may also, as ancillary, award damages for a breach of the contract.</p> <p>2. Idem — Ouster.—Where the court has once acquired jurisdiction upon equitable grounds, no subsequent act of the defendants can oust that jurisdiction.</p> <p>3. Idem — Complete adjudication. — When a court of equity has once acquired jurisdiction, it may go on to a complete adjudication, even to the extent of establishing legal rights and granting legal remedies, which would otherwise be beyond the scope of its authority. Walters v. Farmers Dank, 76 Va., 12.</p> <p>4. Non-Residents — Judgments in personam. — Where non-resident defendants who have been proceeded against by publication under attachment, appear and defend on the merits, judgments and decrees in personam may be entered against them.</p>