Lorraine v. Long (1856) · DecisionDepot

Lorraine v. Long

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

California Supreme Court Jul 1, 1856Published

Before: Heydenfeldt

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Holding. A party may choose to assert an equitable defense in an action at law or, alternatively, allow a judgment at law to be entered and subsequently file a separate bill in equity for relief.

Issues

Whether a party is confined to asserting an equitable defense within an action at law or may pursue a separate bill in equity.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Although a party may set up an equitable defence to an action at law, his remedy is not confined to that proceeding.”

“He may let the judgment go at law and file his bill in equity for relief.”

“Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication.”

Synopsis

Although a party may set up an equitable defence to an action at law, he is not confined to that proceeding, He may let the judgment go at law, and file his bill in equity for relief.

Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication,

Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Chief Justice Murray concurred.

Although a party may set up an equitable defence to an action at law, his remedy is not confined to that proceeding. He may let the judgment go at law and file his bill in equity for relief. Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication. «

Judgment reversed and cause remanded.

Lorraine v. Long

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