action and fails to do so. (3) Judgment upon nonsuit is taken against a plaintiff who, after bringing his suit, fails or refuses to prosecute it. (4) Judg ment upon demurrer is where an issue of law raised by demurrer is decided by the court, and the party against whom the decision is made refuses to proceed further, in which case judgment is rendered against him. (5) Judgment upon the verdict is where the court enters upon the record its sentence in accordance with the verdict. (6) An interlocutory judgment is a judgment which decides not the cause, but only settles some intervening matter relating to the cause. (7) A final judgment is a judgment which disposes of the whole merits of the cause and leaves nothing for further consideration of the court.

§ 573. Appeals and writs of error.-After final judgment, the defeated party if not content goes to a higher court upon an appeal or writ of error. By the practice in some states an appeal takes the whole case to a higher court, where it is tried again on the merits. In other states an appeal to the higher court is for the purpose of having the record reviewed, to see if the proceedings of the court below have been according to law. A writ of error removes the cause from the court where final judgment was given, and the record is reviewed for the purpose above named. In either case, upon appeal or error, the judgment of the court below is affirmed, reversed or modified, and the cause is then sent to the court where the judgment was entered to be proceeded with or disposed of according to the decision of the higher court.

§ 574. Execution.-When the case is finally adjudicated and all motions and appeals and writs of

error are disposed of, the successful party is entitled to have his execution, which is a process issuing out of the court where judgment is given, directed to the sheriff and requiring him to satisfy the judgment by seizure and sale of the property of the party against whom the judgment is rendered. The manner in which this process is to be executed depends upon the provisions of the statutes on that subject.

CHAPTER XLII.

EQUITY AND PROCEEDINGS IN EQUITY.

§ 575. Equity jurisdiction.-The jurisdiction of a court of equity pertains to those matters in which the rights of the parties can not be properly ascer tained and determined by proceedings at law; and it is a settled rule that where there is an adequate remedy at law the parties have no right to seek redress in a court of equity. The object of an action at law is to recover damages and a judgment at law is generally enforced by a seizure of the property of the party against whom the judgment is rendered. A decree in equity requires the party against whom it is made to do or refrain from doing some act, and obedience to it is enforced by attachment, or by the appointment of some person to do the act for him and in his name and on his behalf.

§ 576. Generally it may be said that courts of equity are established to detect latent frauds and concealments which the process of the law is not adapted to reach; to enforce the execution of such matters of trust and confidence as are binding in conscience, though not cognizable in a court of law; to deliver from such dangers as are owing to misfortune or oversight; and to give a more specific relief, and more adapted to the circumstances of the

case, than can always be obtained by the generality of the rules of common law.

§ 577. Injunction-Prohibitory and mandatory.— The aid of a court of equity is sought where it is necessary to prevent the doing of some act which will result in such injury to one's property or rights as can not be adequately compensated in damages, as the destruction of trees, the infringement of copyrights or trade-marks, the creating or continuance of a nuisance, the keeping of ferocious animals, the making of noises at unseasonable hours near one's dwelling, and for other causes. Where a proper case is made the court grants a prohibitory injunction. In a case of emergency the injunction will be temporary and will continue in force until the hearing, when if the complainant makes out his case the injunction will be made perpetual. Where it appears that it is necessary that some act be done to prevent or suppress a wrong, what is known as a mandatory injunction will be granted, as where one has created and maintains a nuisance he will be ordered to remove or abate it.

§ 578. General scope of equity jurisdiction.-The scope of equity jurisdiction is extensive, as will be seen from the following partial enumeration of cases for its exercise. If the execution of a contract has been procured by fraud, equity will cancel it. If by mistake or fraud a contract has been so framed as not to express the intention of the parties, equity will correct the mistake, reform and enforce the contract according to their real intention. A contract to execute a conveyance of land will be specifically enforced in equity when it appears that the party

demanding its enforcement is not himself in default. In such cases, where the decree directs a conveyance and the party refuses to obey the decree the court may enforce it by attachment, or by appointing some person to make the conveyance. The appointment of receivers to manage, control and dispose of property, the adjustment of accounts between partners and between other persons when by reason of the number and nature of the claims they are too complicated to be settled at law; the setting aside of conveyances made to defraud creditors; to regulate trusts and control the trustee in his dealings with the trust estate; the guardianship and control of infants and their property; applications for relief against forfeitures; to compel the delivery of title deeds; to cancel notes or other forms of contract which are not valid or have been discharged; to determine who of several claimants is entitled to a fund in court or in the hands of a third party who is in doubt as to who may be the rightful claimant; proceedings to foreclose mortgages, or to redeem property from sales at foreclosure; these are all matters which are properly cognizable in courts of equity.

§ 579. A court of equity having obtained jurisdiction will administer full relief.-Where a court of equity obtains jurisdiction of the subject-matter of controversy, it will retain it until all the rights of the parties litigant are finally determined. And where, in the course of the proceedings, it becomes necessary to pass upon the legal as well as the equitable rights of the parties, the court will proceed to a final adjudication of them all, disposing of legal matters according to the principles of law, and disposing of