Opinion of the Justices to the Senate
Massachusetts Supreme Judicial Court
On March 23, 1911, the following order was passed by the Senate, and on March 28, 1911, was transmitted to the Justices of the Supreme Judicial Court. On April 4, 1911, the Justices returned the answer which is subjoined.
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On March 23, 1911, the following order was passed by the Senate, and on March 28, 1911, was transmitted to the Justices of the Supreme Judicial Court. On April 4, 1911, the Justices returned the answer which is subjoined. Ordered, That the Justices of the Supreme Judicial Court be required to give their opinion to the Senate upon the following important questions of law: (1) Are the provisions of Section 1 of Senate Bill No. 378, as amended by the Senate, a copy of which is transmitted herewith, now pending before the General Court, within the constitutional power of the Legislature ? (2) Is…
1Opinion of the Court
To the Honorable Senate of the Commonwealth of Massachusetts :
The questions which we are to answer, a copy of which is hereto annexed, concern the right of trial by jury which is secured to all our people by the Federal Constitution and the Constitution of this Commonwealth. U. S. Const. Amendm. art. 7. Declaration of Rights, art. 15. This right, as it was understood by our ancestors, might be exercised in all actions at common *608law, as distinguished from proceedings in admiralty, in equity, in the ecclesiastical courts and in statutory proceedings not conducted in accordance with the rules of…
2Cases cited3 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Commonwealth v. McElhaneyMassachusetts Supreme Judicial Court · 1873
3Cited by26 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Kinnear v. General Mills, Inc.Massachusetts Supreme Judicial Court · 1941
- Bogni v. PerottiMassachusetts Supreme Judicial Court · 1916
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