Pierce Butler

“ The question whether remedy must be by action at law or may be pursued in equity notwithstanding objection by defendant depends upon the facts stated in the bill. And, in absence of a clear showing that a court of law lacks capacity to give the relief which the allegations show plaintiff entitled to have, a suit in equity cannot be maintained. ”

“ Rule 22 declares: 'If at any time it appear that a suit commenced in equity should have been brought as an action on the law side of the court, it shall be forthwith transferred to the law side and be there proceeded with, with only such alteration in the pleadings as shall be essential.' As plaintiff's bill shows that it had a plain, adequate, and complete remedy at law, defendants were entitled upon proper application to have the suit transferred and trial by jury. ”

“ The facts here alleged give no support to plaintiff's assertion that it has no adequate remedy at law. The preferences sued for were money payments of ascertained and definite amounts. The bill discloses no facts that call for an accounting or other equitable relief. It is clear that there may be had at law a remedy 'as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.' Boyce v. Grundy, ubi supra. The contention that section 267 prohibits the maintenance of this suit in equity is sustained in principle by numerous decisions of this court. ”