equitable defense
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 293 U.S. 379 - Enelow v. New York Life Insurance · 1935Most cited · 1,016 citing opinions
section 274b test
The test under section 274b is whether the defendant could have maintained a bill in equity on the same averments. The defendant's rights to a hearing in equity are 'the same,' not greater, when he resorts to the summary procedure.
How often courts cite the cases defining “equitable defense”
Court decisions citing the 2 opinions that defined “equitable defense” — 1,717 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1935–1935
- 1935·293 U.S. 449 - Shanferoke Coal Supply Corporation v. Westchester Service Corporation[p4]· cited 729×
the special defense setting up the arbitration agreement is an equitable defense or cross-bill within the meaning of section 274b, and that the motion for a stay is an application for an interlocutory injunction based on the special defense.
arbitration agreement