Section 2.

Concurrent Jurisdiction Of
Law And Equity
Applying the general principle that equity will only take jurisdiction where there is no
relief possible at law, it follows that, in general, the fields of the jurisdiction of the
equity courts and of the common law courts will be distinct from each other, and that
whenever one set of courts have jurisdiction, the other will not.

In some cases, however, we find concurrent jurisdiction of the two courts. Such
concurrent jurisdiction may arise in four different ways:

(a) Equity may take jurisdiction on account of the fact that there is no remedy at law,
and later a common law remedy may be given.

(b) Equity may take jurisdiction in cases where there is a common law remedy, which
is, however, not certain, complete, and adequate.

(c) In cases where jurisdiction is given to equity by statute, over cases where the
common law courts already have jurisdiction.

(d) Where an equity court properly acquiies jurisdiction on account of some peculiar
equitable principle or remedy involved in the suit, such court may also, in the same
case, grant other relief which could have been obtained at common law.

2 16 Cyc, pp. 23-4.

Illustrations of these different classes of cases will be given in the appropriate places
in this book.