The Superior Court may administer legal and equitable rights and apply legal and equitable remedies in favor of either party in one and the same civil action so that legal and equitable rights of the parties may be enforced and protected in one action. Whenever there is any variance between the rules of equity and the rules of the common law in reference to the same matter, the rules of equity shall prevail.

(1949 Rev., S. 7738; P.A. 76-436, S. 583, 681; P.A. 82-160, S. 1.)

History: P.A. 76-436 replaced “All courts which are vested with jurisdiction both in law and in equity” with “The superior court” and made other changes, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “suit” with “civil action” and rephrased the section.

Equity pleadings. 1 C. 168; 6 C. 207; 7 C. 500. Equity will not ordinarily interfere in matters of probate jurisdiction. 8 C. 280; 9 C. 182. Our chancery practice differs from that of England. 23 C. 555. Court may render such judgment, legal or equitable, as the case requires. 49 C. 447; 99 C. 216. Does not enlarge equity powers of Superior Court on probate appeals. 53 C. 35. Two suits must not be brought where one is as effectual. 59 C. 503. Deed may be reformed and damages awarded for breach of covenants contained in the deed as reformed. 60 C. 170. Equitable estoppel may be claimed in action at law; 66 C. 156; 77 C. 185; so equitable counterclaims. 81 C. 246. Asking both legal and equitable relief. 68 C. 204; 72 C. 554; 77 C. 214; 80 C. 685; 83 C. 109; 85 C. 159; 100 C. 718. “Court” means the tribunal itself as established to administer public justice, not the judge as opposed to the jury. 68 C. 286. Equitable defenses are available on an appeal from a justice. 69 C. 30. The practice act has disregarded the technical formalities of common-law pleading and has followed in the main the practice in equity. 72 C. 199; 81 C. 402. With the enactment of the practice act, pleading, as a system of technical form, substantially disappeared. 73 C. 5. Policy of statute. 75 C. 243. Equitable principles prevail over rules of law. 78 C. 466; 82 C. 559; 87 C. 288. Trial of issues of fact in equitable action by jury. 79 C. 262; 93 C. 118. Trial by jury where legal and equitable remedies both sought. 83 C. 112. Includes writ of error. Id., 696. Party who fails as to claim for equitable relief may pursue claim for damages. 90 C. 281. Application to suit for damages for fraudulent conveyance and also claim for reconveyance in one complaint. 100 C. 717. Creates no new substantive rights; equitable defense must state good cause of action under established equity rules. 103 C. 299. But no longer necessary in equitable action to allege no adequate remedy at law. 105 C. 84. Where equities are strongly in favor of appellee, an error in procedure will not be ground for granting a new trial unless an inflexible rule compels it. 109 C. 299. For more than a century, jurisdiction in matters of equity was retained and exercised by the General Assembly. 3 Dal. 386; 23 C. 430. Receiver may file cross complaint against claimant; remedy at law to exclude equity jurisdiction must be as complete and beneficial as relief in equity. 117 C. 445. Where court has jurisdiction over subject matter, fact that judgment granting equitable relief prayed for might be erroneous does not deprive court of jurisdiction so as to make judgment void. 132 C. 128. Equity has full jurisdiction of suit for an accounting and settlement of partnership affairs. 147 C. 160. One who institutes suit in equity must be prepared to show prior or superior equity in himself to recover. 150 C. 693. Cited. 154 C. 228; 165 C. 264; 209 C. 692; 210 C. 401; Id., 697; 217 C. 57; 225 C. 528; 233 C. 701; 239 C. 515.

Cited. 3 CA 317.

Cited. 5 CS 32; 36 CS 47; 42 CS 528.