suit in equity

suit in equity
An action in equity. A suit prosecuted and tried in accordance with the modes of procedure known to courts of equity. 27 Am J2d Equity § 177. Under modern statutes in most jurisdictions, an action in equity is an ordinary civil action. It is still important, however to determine whether the case is one at law or in equity, since the character of the case may determine such matters as the method of review, the right to a jury trial, etc. 1 Am J2d Actions § 7. An action involving an alleged infringement of trademark and seeking an injunction against the defendants and an accounting of their profits is in the nature of an old action in equity, and, as such, is triable before a court without a jury. Folmer Grafiex Corp. v Graphic Photo Service (DC NY) 41 F 319.

Ballentine's law dictionary. . 1998.

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  • equity pleading — A pleading in a suit in equity, whether bill, complaint, petition, answer, plea, or cross bill, etc., governed by traditional equity practice. In most jurisdictions today, distinctive rules of equity pleading have been largely, if not entirely,… …   Ballentine's law dictionary

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