Tyler v. Magwire
Supreme Court of the United States
The constitution of Missouri ordains: “ That the right of trial by jury shall remain inviolate.” The code of the same State enacts: “There shall be in this State but one form of action for the enforcement or protection of private rights, and the redress or the prevention of private wrongs, which shall he denominated a civil action.* “Suits- may be instituted in courts of record by filing in the office of the clerk of the proper court, a petition setting forth the plaintiff’s…
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The constitution of Missouri ordains: “ That the right of trial by jury shall remain inviolate.” The code of the same State enacts: “There shall be in this State but one form of action for the enforcement or protection of private rights, and the redress or the prevention of private wrongs, which shall he denominated a civil action.* “Suits- may be instituted in courts of record by filing in the office of the clerk of the proper court, a petition setting forth the plaintiff’s cause or causes of action, and remedy sought, &c.† The first pleading on the part of the plaintiff is the petition,…
1Opinion of the Court
''Mr. Justice CLIFFORD
delivered the opinion of the court.
Power to re-examine, in a certain class of cases, final judgments and decrees in the highest court of law or equity of a State, and to reverse or affirm the same upon a writ of error, was conferred upon the Supreme Court by the twenty-fifth section of the Judiciary Act, and the same section provides that the writ’of error shall have the same effect as if the judgment or decree had been rendered or passed in the Circuit Court, and that the proceeding upon the íeversal shall also-be the same, except that the Supreme Court, instead of…
2Cases cited12 opinions
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- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Skillern's Executors v. May's ExecutorsSupreme Court of the United States · 1810
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3Cited by53 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- McMillan v. AikenSupreme Court of Alabama · 1920
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Banco Nacional De Cuba v. FarrCourt of Appeals for the Second Circuit · 1967
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