Huntington v. Bishop
Supreme Court of Vermont
This was a trustee process brought against Bishop, under the statute, charging him- as trustee of one E. Spooner. The trustee (Bishop) having filed his disclosure, claimed a trial by jury.
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This was a trustee process brought against Bishop, under the statute, charging him- as trustee of one E. Spooner. The trustee (Bishop) having filed his disclosure, claimed a trial by jury. This was denied by the County Court, From the disclosure and other evidence adduced upon trial, it appeared, that in January, A. D. 1827, the said Huntington and Spooner were jointly concerned in running a line of stages between Burlington and Richmond, on the lino between Burlington and Boston, and transporting the mail and passengers on said line, in connexion with other proprietors to the eastward — that…
1Opinion of the Court
The opinion of the Court was pronounced by
Phelps, J.
It is insisted in this case that the Court below, in denying the trustee a trial by jury, has denied him the enjoyment of a right guaranteed to him by the Constitution. The sacred regard which should be entertained by all our judicial tribunals for the provisions of that charter, from which all the powers of government are derived; the great importance, attached to the trial by jury, and the scrupulous care with which it is guarded in all our Constitutions, renders this question one of serious import. Whenever this right is denied, it…
2Cited by13 opinions
- Melancon v. McKeithenDistrict Court, E.D. Louisiana · 1972
- Bassi v. BassiSupreme Court of Minnesota · 1925
- New England Trout & Salmon Club v. MatherSupreme Court of Vermont · 1895
- Shapira v. D'ArcyMassachusetts Supreme Judicial Court · 1902
- Colton v. City of MontpelierSupreme Court of Vermont · 1899
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