Safford v. Ensign Mfg. Co.

Citations

• 120 F. 480
• 56 C.C.A. 630
• 1903 U.S. App. LEXIS 4499

Syllabus

<p>1. Equity Jurisdiction — Bill for Discovery and Relief — Federal Courts.</p> <p>A federal court of equity is without jurisdiction of a suit in which discovery and relief are sought, but the only ground for equitable relief appears to be a discovery of evidence to be used in the enforcement of a purely legal demand.</p> <p>2. Same.</p> <p>A bill based on a contract by which defendant agreed to use a patented device of plaintiff on cars to be built by defendant, and to render statements to plaintiff showing the number of cars so equipped, and pay a royalty thereon, which alleges that defendant has failed and refused to render the statements or pay the royalty, and prays for a discovery and accounting, is not one for an accounting between persons occupying fiduciary relations, and for that reason within the jurisdiction of equity, but is in effect one to enforce a legal demand, in aid of which a discovery is sought, and as such is not within the jurisdiction of a federal court of equity, both because defendant is entitled to a jury trial on the merits, and because a bill of discovery is rendered unnecessary by Rev. St. § 724 [U. S. Comp. St. 1901, p. 58C], under which plaintiff may compel the production of the required evidence in an action at law!</p>