Page:Federal Reporter, 1st Series, Volume 6.djvu/608

 596 FEDERAL REPORTER. �plaint, denying that he received the sum of $2,000, or any other sum of money, from the bankrupt in fraud of his cred- itors, or for any other purpose; and, after acknowledgingthe receipt of a barrel of wine, alleging the same was sent to him by Werder as pay or offset for certain short weights in flour that he had purchased of Werder, and not for any other in- tent or purpose. �A large amount of testimony was taken by the respective parties, and when the cause came before the court for hear- ing on the pleadings and proofs, the counsel for the defend- ant suggested that the bill, answer, and testimony disclosed a clear case for proceedings at law, and that this court, in equity, had no jurisdiction over it. Courts listen with great reluetance to such suggestions on the final hearing, where the defendant has not thought proper to raise the objection by demurrer, or in the answer. They regard the f orms of proceed- ing as handmaids, to be used for obtaining rather than for ob- structingthe rights of the litigants, and frequently decline to consider questions touching the mere form of the remedy which are not brbught to their attention until after expense has been incurred in taking the testimony in the cause. , Un- derhill v. Van Cortland, 2 John. Ch. 339. �But, notwithstanding this, the question raised is^always treated in the courts of the United States as jurisdiotional, and must be entertained, whenever urged, because no cbnsent of parties, however expressed or inferred, can give jurisdic- tion to the court where the law dbes not give it. The equita- ble jurisdiction of these courts is limited. It cannot be invoked or sustained in any case "where a plain, adequate, and complete remedy may be had at law." Such are the express provisions of the statuts, (Eev. St. § 723;) and the refusai of the court to give them effect is a deniai to the adverse party of his constitutional right of the trial of the issues, of fact by a jury. Hipp t. Baden, 19 How. 278. �Does the bill disclose a case in which the complainant has not a complete remedy at law ? It is filed by assignees in bankruptcy to recover the value of personal property which it ��� �