A. C. PHIEL, APPELLANT,
v.
J. C. WILLIAMS ET AL., APPELLEES
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The Florida Supreme Court reversed a lower court's decision to sustain a demurrer to a bill of complaint seeking equitable discovery. The court found that while a statutory remedy existed, it was not exclusive and equity could provide relief if the legal remedy was inadequate.
No, the remedy at law was not necessarily adequate, and equity could provide relief if the legal remedy proved insufficient.
“This statutory remedy is not exclusive of the remedy afforded by a court of equity, and from the allegations of the bill it may well be thaf the remedy at law is inadequate, which is sufficient warrant for appropriate relief in equity.”
This quote establishes that the statutory discovery remedy does not preclude equitable relief and that potential inadequacy of the legal remedy justifies equitable intervention.
A complainant filed a bill in equity seeking the appointment of a receiver or master to discover the existence of merchantable phosphate, as per a con…
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Whitfield, C. J.
A demurrer to a bill of complaint in equity filed to secure the appointment of a receiver or master for the purpose of obtaining a discovery by ascertaining the existence or non-existence of merchantable phosphate of the character and in the quantity specified in a contract in aid of an action at law in the Circuit Court on the contract to recover royalties for the phosphate rock taken from lands that by the contract are in the possession of the defendant, was sustained, apparently upon the theory that the remedy at law is adequate, and the complainant appealed.
Section 1488, of the General Statutes of 1906, provides that “Either party shall be at liberty to apply to the court for a rule or order for the inspection by himself or by his witness of any real or personal property, the inspection of which may be material to the proper determination of the question in dispute; and the costs of the said rule or order and the proceedings therein shall be in the discretion of the court.”
This statutory remedy is not exclusive of the remedy afforded by a court of equity, and from the allegations of the bill it may well be thaf the remedy at law is inadequate, which is sufficient warrant for appropriate relief in equity. See Thrasher v. Diog, 18 Fla. 809; 14 Cyc. 308, 309; Virginia & A. Min. & Mfg. Co. v. Hale & Co. 93 Ala. 542, 9 South. Rep. 256.
The decree is reversed.
Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gill v. Smith, 117 Fla. 176 (Fla. 1934)…e consideration of equity though the remedy at law is fully adequate. 1 Story Eq. Jr. 64K; Chichester v. Vass, 1 Munf (Va.) 98, 4 Am. Dec. 531; Traip v. Gould, 15 Me. 82; Wood v. Hudson, 96 Ala. 469, 11 South. Rep. 530.” See also Phiel v. Williams, 64 Fla. 387, 59 Sou. 897, citing Thrasher v. Doig, 18 Fla. 809; Procter v. Hearne, 100 Fla. 1180, 131 Sou. 173. It is contended that in a bill of complaint seeking discovery it is necessary when the right is based on facts of which the complainant only has inf…
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Williams v. Phiel, 66 Fla. 192 (Fla. 1913)…Shackleford, C. J. This is the third time that the . litigation between the appellants and the appellee has come before this court. See Williams v. Phiel, 60 Fla. 272, 53 South. Rep. 638 and Phiel v. Williams, 64 Fla. 387, [*194] 59 South. Rep. 897. In the last cited case we held “That the remedy afforded by Section 1488 of the General Statutes is not exclusive of the remedy for a discovery in equity and in a proper case the equitable remedy should be applied,” and w…1 / 2
Authorities Cited
- Thrasher v. Doig & Geiger, 18 Fla. 809 (Fla. 1882)