United States Supreme Court Cases & Opinions

U.S. Supreme Court

Parker v. Winnipiseogee Lake Cotton & Woolen Company, 67 U.S. 2 Black 545 545 (1862)

Parker v. Winnipiseogee Lake Cotton & Woolen Company

67 U.S. (2 Black) 545

Syllabus

1. Where a party brings a bill in equity complaining of an injury for which he has a plain, complete, and adequate remedy at law, the bill must be dismissed.

2. In the courts of the United States, such an objection goes to the jurisdiction of the forum, and may therefore be enforced by the judges sua sponte, though not raised by the pleadings or suggested by the counsel.

3. A decree affirmed dismissing a bill for a private nuisance in which the nature of the injury was not set out in such a manner as to show that the plaintiff was without a legal remedy.

4. Courts of equity have concurrent jurisdiction with courts of law in cases of private nuisance, but to this jurisdiction of the former courts there are some limitations; for many cases will sustain an action at law which will not justify relief in equity.

5. In what cases a court of equity will enjoin a nuisance and in what cases not.

Page 67 U. S. 546