Robinson v. Chesseldine

Citations

• 5 Scam. 332

Syllabus

<p>Appeal from Brown.</p> <p>1. Jurisdiction — united but distinct. Notwithstanding the circuit courts are invested with equity, as well as common law jurisdiction, they are as distinctly separated, in their administration, as if vested in different courts.</p> <p>2. Process — law courts prevent abuse. Courts of law have a general supervisory power over their process, either mesne or final; and, according to the settled practice, may prevent or correct any abuse of it.</p> <p>3. Same — stay of proceedings. A party, out of term, intending to move to set aside or quash any execution, replevin bond, or other proceedings, may, under the statute, apply to a judge, at chambers, and, in his discretion, if probable cause appear, he may so certify, and stay all further proceedings, until the order of the court on the motion. Under this provision of the statute, or the general supervisory power of the court, a defendant in an execution, who is entitled to have his property appraised, and a sale prohibited unless it sells for two-thirds its appraised value, may obtain an order from the judge, to be endorsed on the execution, staying proceedings until the order of court. A party in such case has full and amp e remedy at law. (a) </p> <p>4. Same — interference of equity. A court of equity will not exercise concurrent jurisdiction with a court of law, unless some circumstances of fraud, irreparable injury, trust, accident, or the like, exist, to give the jurisdiction. (b) </p>