Iowa Code 611.4 – Equitable proceedings
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 611.4
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
611.4 Equitable proceedings.
The plaintiff may prosecute an action by equitable proceedings in all cases where courts of equity, before the adoption of this Code, had jurisdiction, and must so proceed in all cases where such jurisdiction was exclusive.
[R60, §2611; C73, §2508; C97, §3427; C24, 27, 31, 35, 39, §10941; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §611.4]
The plaintiff may prosecute an action by equitable proceedings in all cases where courts of equity, before the adoption of this Code, had jurisdiction, and must so proceed in all cases where such jurisdiction was exclusive.
[R60, §2611; C73, §2508; C97, §3427; C24, 27, 31, 35, 39, §10941; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §611.4]