Sickles v. Gloucester Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a question as to the mode of taking evidence in equity suits in the federal courts; and arose upon a bill in equity for the infringement of a patent.
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This was a question as to the mode of taking evidence in equity suits in the federal courts; and arose upon a bill in equity for the infringement of a patent. The case was thus: The thirtieth section of the act of September 24, 1789, which organized the courts of the United States, and is commonly called the judiciary act, enacts “that the mode of proof by oral testimony and examination of witnesses in open court, shall be the same in all the courts of the United States, as well in the trial of causes in equity, and of admiralty and maritime jurisdiction, as of actions at common law.” A…
1Opinion of the Court
GRIER, Circuit Justice.
The jus pretorium of the Roman law, from which our system of equity has its origin, was introduced when chancellors were priests. The writ of subpoena is said to have been first devised by Chancellor Waltham, bishop of Salisbury. It met with opposition at the beginning by parliament, “because its proceedings were according to the civil law and the law of holy church, in subversion of the common law.” But notwithstanding the opposition then, and also of Sir Edward Coke and the common law courts at a later day, the chancellors persevered in extending their jurisdiction,…
2Cited by2 opinions
- Blease v. GarlingtonSupreme Court of the United States · 1876
- Wise v. Grand Avenue Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1888