National Surety Co. v. State Bank

Citations

• 120 F. 593
• 1903 U.S. App. LEXIS 4509

Syllabus

<p>1. Federal Courts — Equitable Jurisdiction — Adequate Remedy at Law-Such Remedy in State Courts Immaterial.</p> <p>The national courts have jurisdiction in equity in the absence of an adequate remedy at law in those courts. The test of their equitable jurisdiction is the absence of such a remedy in the federal courts. The presence or absence of a remedy at law in the state courts is not the test of the jurisdiction in equity of the federal courts.</p> <p>8. Same — Test Adequate Remedy at Law in 1789 Unless Subsequently Changed by Congress.</p> <p>The equitable jurisdiction of the federal courts vested in them under the judiciary act of 1789, and, where it has not been subsequently changed by act of congress, the test of that jurisdiction is the adequacy of the remedy at law for wrongs of the character under consideration in the year 1789, when the judiciary act was adopted.</p> <p>8. Same — State Legislation may not Impair or Destroy.</p> <p>The states did not grant, and they cannot by their legislation revoke, impair, or destroy, the equitable jurisdiction of the national courts.</p> <p>4. Same — State Legislation may Enlarge.</p> <p>While state legislation may not impair or destroy, it may enlarge, the rights and remedies in equity in the national courts. “A party, by going into a national court, does not lose any right or appropriate remedy of which he might have availed himself in the state courts of the same locality.” Davis v. Gray, 16 Wall. 203, 221, 21 L. Ed. 447.</p> <p>Rights created and remedies provided by the statutes of the state to be pursued in the state courts may be enforced and administered in the national courts, either at law, or in equity, or in admiralty, as the nature of the rights or remedies may require.</p> <p>5. Same — Construction of Statutes — Sections 602-611, Code of Nebraska.</p> <p>Sections 602-611 of the Code of Nebraska, which authorize an original suit in the court, in which an unconscionable judgment, that the defendant was p