Smith v. McIver
22 U.S. 532 (1822)

Annotate this Case

U.S. Supreme Court

Smith v. McIver, 22 U.S. 532 (1822)

Smith v. McIver

22 U.S. 532

Syllabus

In all cases of concurrent jurisdiction, the court which first has possession of the subject must determine it conclusively.

Although courts of equity have concurrent jurisdiction with courts of law in all matters of fraud, yet where the cause has already been tried and determined by a court of law, a court of equity cannot take cognizance of it unless there be the addition of some equitable circumstance to give jurisdiction.

In such a case, some defect of testimony or other disability which a court of law cannot remove must be shown as a ground for resorting to a court of equity.

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.