Lead Opinion
A bill in еquity was filed in the Circuit Court for DeSoto county by the аppellant against the appellee in which it is alleged that the appellee is insolvent, and is in various ways wrongfully interfering with the stocks of cattle legally under control of the appellant, and that appellee claims title to some of such cattle. The prayer is fоr an injunction to restrain the appelleе and his agents, servants and employes from in any wаy interfering with said cattle, and that the sales of such cattle made by one Walter Elint to appellee be declared null and void, and for аn accounting. The defendant answered, and testimony was
The allegations оf the bill do not present a case of complicated or voluminous accounting, or оther ground for equitable intervention, and there is аdequate remedy at law for the rights asserted. Doke v. Peek,
Where it appears upon the fаce of the bill of complaint that there is а plain and adequate remedy at law and thаt no ground for equitable intervention is shown, an appellate court may notice such defect although it has been ignored in the pleadings, assignments of error and argument, and the cause may be remanded with directions to dismiss the bill. City of Jacksonville v. Massey Business College,
The order аppealed from is reversed and the cаuse is remanded with directions to dismiss the bill of complaint, without prejudice to the right of appellant to proceed at law; the appellant to pay the costs of this appeal.
Taylor, C. J., Shackleford and Cockrell, JJ., concur.
Carter, J., absent.
Hocker, J., dissents.
Dissenting Opinion
(dissenting). — The bill in this case alleges facts and cоntains prayers for discovery and accounting, which, in my opinion, in the absence of any direсt attack upon the equity jurisdiction of the court, entitle the parties