First, the court viewed itself as a
court of equity, available to hear claims of injustice in the last resort when other remedies proved inadequate--a power known as nobile officium.
section] 1481 announced for good measure that "[a] bankruptcy court shall have the powers of a
court of equity, law, and admiralty.
Thus, the SJB in effect becomes a
Court of Equity in administering social justice.
Still, plaintiffs in a
court of equity were required to at least state
We do not propose to lay down in these cases any absolute limitation of the powers of a
court of equity in restraining the collection of illegal taxes; but we may say, that, in addition to illegality, hardship, or irregularity, the case must be brought within some of the recognized foundations of equitable jurisdiction, and that mere errors or excess in valuation, or hardship or injustice of the law, or any grievance which can be remedied by a suit at law, either before or after payment of taxes, will not justify a
court of equity to interpose by injunction to stay collection of a tax.
The Supreme Court has held "[a]
court of equity acts only when and as conscience commands.
The first two, "theoretical," books examine the powers of a
court of equity as derived from justice and from utility, the two great principles Kames felt governed equity.
As Justice Thurgood Marshall remarked in the Pentagon Papers case, "A
court of equity will not do a useless thing.
court of law or the
court of equity depended on what remedy the
the Court of Law, rigidly adheres to its own established Rules, be the Injustice arising from thence, ever so apparent; whereas the
Court of Equity will not adhere to its own most established Rules, if the least Injustice arises from thence [sic].
The Tax Court rejected this argument on the grounds that it is not a
court of equity and Sec.
The unreasonableness of so arbitrary and unjust a doctrine that a
court of equity will protect one in his rights of contract and property, but deny protection to his far more sacred and vital rights of person, has often been commented upon, but the unsubstantial character of the foundation upon which this doctrine rests has not been so generally recognized.
