ADEQUATE REMEDY - Black's Law Dictionary

What is ADEQUATE REMEDY? Definition of ADEQUATE REMEDY in Black's Law Dictionary

One vested in the complainant, to which he may at all times resort at his own option, fully and freely, without let or hindrance. Wheeler v. Bedford, 7 A. 22, 54 Conn. 244; State ex rel. Heimov v. Thomson, 131 Conn. 8, 37 A.2d 689, 692. Suitable, proportionate, or sufficient. Fischer v. Damm, 36 Ohio App. 515, 173 N.E. 449, 451.

A remedy which is plain and complete and as practical and efficient to the ends of justice and its prompt administration as the remedy in equity. Farmers & Traders Bank v. Kendrick, 341 Mo. 571, 108 S.W.2d 62, 64.

A remedy that affords complete relief with reference to the particular matter in controversy, and is appropriate to the circumstances of the case. State v. Huwe, 103 Ohio St. 546, 134 N.E. 456, 459. A remedy to be adequate, precluding resort to mandamus, must not only be one placing relator in statu quo, but must itself enforce in some way performance of the particular duty. State v. Erickson, 104 Conn. 542, 133 A. 683, 686. Must reach end intended, ane, actually compel performance of duty in question. Buchanan v. Buchanan, 124 Va. 255, 6 S.E.2d 612, 620. Must be plain, accurate, certain, speedy, specific, and appropriate to the particular circumstances, and must also be equally as convenient, beneficial, and effective as the remedy by mandamus. Simpson v. Williams Rural High School Dist., Tex.Civ.App., 153 S.W.2d 852, 856.

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