What is EQUITABLE DEFENSE?

In English practice, a defense to an action on grounds which, priorto tlie passage of the common-law procedure act. (17 & 18 Vict c. 125,) would havebeen cognizable only in a court of equity. In American practice, a defense which iscognizable in a court of equity, but which is available there only, and not in an action atlaw, except under (he reformed codes of practice. Kelly v. Hurt. 74 Mo. 570: New Yorkv. Ilolzderber, 44 Misc. Itep. 509, 90 X. Y. Supp. 63.

More On This Topic




Link to This Definition

Did you find this definition of EQUITABLE DEFENSE helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary