Lupton v. Lupton (1853) · DecisionDepot

Lupton v. Lupton

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 15, 1853Published

Before: Heydenfeldt

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Holding. A plaintiff cannot maintain a bill in equity to reach the assets of an absent debtor if they possess a complete and adequate remedy at law against a joint debtor.

Issues

Whether a plaintiff may seek equitable relief against an absent debtor when a legal remedy exists against a joint debtor.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“To entitle the plaintiff to this remedy, he must show that he is without a remedy at law.”

“Instead of doing this, the bill discloses that he has a perfect remedy at common law against the co-defendant Lupton, the joint debtor of Lobater.”

Synopsis

To entitle the plaintiff to subject the assets of an absent debtor to the payment of his claim, he must show that he is without a remedy at law.

If the bill discloses such remedy at law, it will be dismissed upon demurrer.

Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.

This was a bill in equity, to subject the assets of an absent debtor to the payment of the plaintiff’s claim.

To entitle the plaintiff to this remedy, he must show that he is without a remedy at law. Instead of doing this, the bill discloses that he has a perfect remedy at common law against the co-defendant Lupton, the joint debtor of Lobater.

The demurrer was therefore well taken, and the judgment of the court below affirmed.

Lupton v. Lupton

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