equitable action

equitable action
An expression that has lost much of its significance because of the enactment of statutes and the promulgation of rules of procedure abolishing the distinction between an action in equity and an action at law. Where the distinction still prevails, an "equitable action" is one to be prosecuted and tried in accordance with the modes of procedure known to courts of equity. 27 Am J2d Eq § 177. Although the distinction between an action in equity and an action at law may have been abolished in a particular jurisdiction, an action in equity in such jurisdiction still has a distinctive character in respect of the relief sought, relief which historically has been obtainable only in equity, relief demanded, not only on account of the substantive character of the right sought to be enforced, but also on account of the inadequacy of the legal remedy. 27 Am J2d Eq § 5. An "equitable action" is an action which is not only remedial in its nature, but which may be brought for the purpose of restraining the infliction of contemplated wrongs or injuries, and the prevention of threatened illegal action, which may be the occasion of serious injury to others. Thomas v Musical Mut. Protective Union, 121 NY 45, 24 NE 24.

Ballentine's law dictionary. . 1998.

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