equitable defense

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.

A defense available only in equity, e. g., duress in defense to a contract. In all states where codification prevails, the distinction between legal and equitable defenses is abolished.

In English practice, a defense to an action on grounds which, prior to the passage of the common-law procedure act, (17 & 18 Viet c. 125,) would have been cognizable only in a court of equity. In American practice, a defense which is cognizable in a court of equity, but which is available there only, and not in an action at law, except under the reformed codes of practice. Kelly v. Hurt. 74 Mo. 570; New York v. Hnizderber, 44 Misc. Ren. 509, 90 N. Y. Supp. 63.

Defined under Defense in Black's Law Dictionary.

In English practice. A defense to an action on grounds which, prior to the passing of the commonlaw procedure act, (17 & 18 Vict. ¢. 125,) would have been cognizable only in a court of equity. Mozley & Whitley.

In American practice. A defense which is available only in equity, except under the reformed codes of practice, where it may be interposed in a legal action. only be enforeed in a court of chancery, 9 Ohiv, 145. That is properly an equitable estate or interest for which a court of equity affords the only remedy; and of this nature, especially, is the benefit of every trust, express or implied, which is not converted into a legal estate by the statute of uses. ‘The rest ure equities of redemption, constructive trusts, and all equitable charges. Burt. Comp. c. 8.