Hornbuckle v. Toombs
Supreme Court of the United States
Error to the Supreme Court of the Territory of Montana; the case being thus: The seventh amendment to the Constitution ordains: “ In suits at common law, where, &e., the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined than according to the rules of the common law.”
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Error to the Supreme Court of the Territory of Montana; the case being thus: The seventh amendment to the Constitution ordains: “ In suits at common law, where, &e., the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined than according to the rules of the common law.” An early statute of the United States, the statute commonly known as the Process Act of 1792,* an act still ■ in force, enacts: “ That the forms of writs, executions, and other process, . . . and the forms and modes of proceeding in suits— “In those of the common law shall be…
1Opinion of the CourtJustice Bradley
The only errors assigned are based on the intermingling of legal and equitable remedies in one form of action.
Such an objection would be available in the Circuit and District Courts of the United States. The Process Act of 1792* expressly declared that in suits in equity, and in those of admiralty and maritime jurisdiction, in those courts, the forms and modes of proceeding should be according to the principles, rules, aud usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law, subject to such alterations and additions…
2Cases cited1 opinion
- Noonan v. LeeSupreme Court of the United States · 1863
3Cited by104 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- Palmore v. United StatesSupreme Court of the United States · 1973
- Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
- Ex Parte Bakelite Corp'n.Supreme Court of the United States · 1929
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