Carmichael v. Adams

— The provision of the Constitution which declares that “the right of trial by jury shall remain inviolate”' does not enlarge the right, but simply ordains that it shall remain as it was when the Constitution was adopted. It preserves a right, but does not extend it. At the time the Constitution was adopted, suits in equity were always, as of right, heard and determined by the chancellor. As the right to a trial by jury did not exist in chancery proceedings at the time the Constitution was adopted, the provision respecting trial by jury does not prohibit the Legislature from declaring that…