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KILBOURN V. SUNDERLAND, 130 U. S. 505 (1889)

U.S. Supreme Court

Kilbourn v. Sunderland, 130 U.S. 505 (1889)

Kilbourn v. Sunderland

Nos. 188, 281, 262

Argued March 7-8, 1889

Decided April 22, 1889

130 U.S. 505




Where it is competent for a court of equity to grant the relief asked for and it has jurisdiction of the subject matter, the objection that the complainant has an adequate remedy at law should be taken at the earliest opportunity, and before the defendants enter upon a full defense. Reynes v. Dumont, 130 U. S. 354, followed.

Equity jurisdiction may be invoked, although there is also a remedy at law, unless the remedy at law, both in respect of the final relief and the mode of obtaining, it is as efficient as the remedy which equity could confer under the same circumstances.

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