16 W. Va. 497 | W. Va. | 1880
delivered the opinion of the Court:
Regarding the exhibits A and C filed with the bill as a part thereof, it seems to me that the bill fails to show sufficient matter to give a court of equity jurisdiction thereof, as to the parties of the second part to exhibit A. in the bill mentioned; and that it does show on its face that there is an adequate and complete remedy at law as to the matters of taxes sought to be recovered in this cause by the bill against said-parties of the second part to said exhibit A, if auy recovery can or ought in fact to be had upon said matters or any part thereof in any court against said parties of the second part to said exhibit A. It seems to me that the parties of the first part to said exhibit A, nor either of them were and are not joint tenants or tenants in common with the parties of the second part thereto, whatever may be the legal relations of the parties of the first part to each other, or of the parties of the second part to each other. This, I think, is clear from the provisions and stipulations of said exhibit A. No question, therefore, of contribution between joint tenants and tenants in common arises in this case upon the face of
In The Presbyterian Church v. Mason et al., 4 Rand. 197, the plaintiffs made a contract with the defendants in their character of trustees for the pewholders of the church, whereby the defendants employed them to finish
In Poage v. Wilson, 2 Leigh 490, the complainant alleged that the defendant put land-warrants into his hands to the amount of one hundred thousand acres, to be by him located and surveyed for and in the name of defendant; that defendant under the contract was to pay $20.50 for every one thousand acres of land so located and surveyed ; that he located and surveyed the whole quantity, and defendant had at several times made him payments to the amount of $685.00; and the bill prayed an account of the transactions, and a decree for the balance due upon it. Held: that the claim of the complainant might have been enforced at law, if anything was due upon it, by action of assumpsit; and equity could take no jurisdiction. The bill was dismissed.
Hickman v. Stout, 2 Leigh 6, presented a case of a different kind. The bill stated mutual accounts between the parties, running through a series of years, and consisting of numerous items of blacksmith’s work on the one hand, and, on the other hand, of various items for articles of country produce delivered, for money paid, and for the use of wagons. In this case the jurisdiction of equity was sustained. 2 Robinson’s Old Prac. 3, 4, 5.
In Sturtevant v. Goode, 5 Leigh 83, the syllabus is : “S., a Carpenter, having been employed to build a house for G., and the terms of the contract being expressed in two agreements between the parlies, which ivere left in the hands of G., the employer, S. brings an action at law against,G. on the agreements; and his counsel, finding it necessary, and it being in fact necessary, to have copies of the agreements in order to frame his declaration, re
In the case of Tyler et al v. Nelson’s adm’x, 14 Gratt. 214, it was held, that “A court of equity has jurisdiction in a suit by a high sheriff against his deputy and the sureties of the deputy, to have a settlement of the accounts of several administrations upon estates committed to the high sheriff, and which went into the hands of the deputy. And the suit may be maintained, though the deputy had settled the administration-accounts before the probate court; though the bill does not allege, and it is not proved, that the high sheriff had paid the balance reported to be due on the settled accounts, or any part of them.” The jurisdiction of a court of equity to entertain the bill in this cause was sustained by the Court, of Appeals of Virginia for obvious reasons stated in the opinion of the court, delivered by Judge Lee, at pages 219 and 220.
In Sanborn v. Braley et al., 47 Vt. 170, it was held, that “ It is the proper exercise of equity jurisdiction to apportion among parties haying a common interest in the use of a water-power, and on whom rests a common duty of maintaining the dam which creates the power, the
Judge Woodward, delivering the opinion of the court, in the last named causé and at pages 400 and 401 says : “The next and only other observation we have to make is, that the plaintiff’s have ample remedy at law, and therefore should not come into equity. If they wish to compel the defendants to acknowledge their title, and admit them to a joint possession, ejectment is their appropriate remedy. If they want to recover rents, as-sumpsit lies. Borrell’s adm’r v. Borrell, 9 Casey (Pa.) 492. There is no doubt of our concurrent jurisdiction, with courts of law, in matters of acconnt where the accounts are mutual and complicated, and also where they are all on one side, but discovery is sought, and is material to
In the case of Northeastern Railway Co. v. Martin, 22 Eng. Chy. 757 top page and 758 side page, the syllabus is: “The equitable jurisdiction in matters of account is concurrent with that of courts of law, and no precise rule can be laid down as to the cases in which it will be exercised, this Court reserving to itself a large discretion upon the subject, in the exercise of which it will pay due regard to the nature of the cases and the conduct of the parties, and will not restrain an action already commenced, merely on the ground that from the number and perplexity of the items in the account a judge at nisi p>rius would urge the parties to refer it.” The Lord Chancellor in his opinion in this case says: “The jurisdiction in matters of account is not exercised, as it is in many other cases, to prevent injustice which would arise from the exercise of a purely legal right, or to enforce justice in cases in which courts of law cannot afford it; but the jurisdiction is concurrent with that of courts of law, and is adopted, because in certain cases it ■has better means of ascertaining the rights of parties. It is therefore impossible with precision to lay down
In the case of Fowle et al. v. Lawrason, 5 Peters 495 and 502, the Chief Justice said: “ That a court of chancery has jurisdiction in matters of account cannot be questioned, nor can it be doubted that this jurisdiction is often benificially exercised; but it cannot be admitted that a court of equity may take cognizance of every action for goods, wares and merchandise sold and delivered, or for money advanced, when partial payments have been made, or every contract expressed or implied consisting of various items, on which different sums of money have become due, and different payments have been made. Although the line may not be drawn with absolute precision, yet it may be safely affirmed that a court of chancery cannot draw to itself every transaction between individuals in which an account between the parties is to be adjusted. In all cases in which an action of account would be the proper remedy at law, and in all cases where a trustee is a party, the jurisdiction of a court of equity is undoubted. It is the proper tribunal. But in transactions not of this peculiar character, greater complexity ought to exist in the accounts, or some difficulty at law should interfere, some.discovery should be required, in order tor induce a court of chancery to exercise jurisdiction.”
In the case of Lafever v. Billmyer et al., 5 W. Va.
In the case at bar if the defendants, the parties of the second part to said exhibit A, are liable therein in any form of proceeding or suit, it is for a moiety of the county and state-taxes against the whole of said tract for the years mentioned in the bill, though I very much doubt whether the parties of the second part are liable for district and township taxes under any circumstances, as courts cannot undertake to make contracts for parties ; but I do not now decide the question, as it is not neees-
Upon the whole it seems to me, that there is a complete remedy in a court of law for the recovery of any taxes for which the defendants, said parties of the second part, are liable under said exhibit A, and that a court of equity should not take jurisdiction of plaintiff’s said claim in his bill and exhibits filed therewith mentioned for taxes against defendants, said parties of the second
The cases of Astor v. Miller et al., 2 Paige Chy. 68, and Williams v. Craig, 2 Edwards Chy. by McCowen, top page 296 and side page 297, at first glance seem to give some color to the propriety of a court of equity taking jurisdiction as to said matter of taxes against the defendants, said parties of the second part to said exhibit A; but on close examination of them it seems to me that there is a clear distinction between these cases and the case at bar, if these cases or either of them are to be followed.
For the foregoing reasons, it seems to me, there is error in the decree gendered in this cause by the circuit court of the county of Wood on the 13th day of March, 1877, and that the same must be reversed; but as the appellee, Shattuck, is the party substantially prevailing, the appellant must pay the appellee, Shattuck, his costs about his defence to the plaintiff’s appeal and supersedeas in this court. And this court proceeding to render such decree in the cause as said circuit court should have rendered, it is adjudged, ordered and decreed that the demurrer of the defendant, C. H. Shattuck, filed to the plaintiff’s bill in the forepart of his answer, be sustained, upon the ground that the said bill is multifarious, and upon the further ground, that a court of equity has not jurisdiction of the matters alleged in said bill as against the defendants, William Hamilton, J. B. Blair, C. H. Shuttuck, W. T. Williams and John Burgess; and that plaintiff’s bill for said causes be and is hereby dismissed. And the plaintiff, having failed to establish any just claim against the defendant, Evans D. Fogle, by reason of any matter alleged against him in the said bill, it is further adjudged, ordered and decreed, that the plaintiff’s
Decree Reversed. Cause Dismissed.