Chesapeake & Ohio Railway Co. v. Kelly's Administratrix

RespoNSe to Petition for Rehearing by

Judge Carroll

— Overruling.

Counsel for appellant, in a petition for a rehearing, present for the first time the argument that the judgment below should be reversed because the Montgomery Circuit Court had no jurisdiction to entertain or determine the action.

The Seventh Amendment to the Constitution of the United States provides: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than…