Legal Opinion
Arnstein v. Porter
Court of Appeals for the Second Circuit
Decided February 11, 1946No. 169PublishedCited by 554 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Plaintiff with his complaint .'filed a jury demand which defendant moved to strike out. Defendant urges that the relief prayed in the complaint renders a jury trial inappropriate. We do not agree. Plaintiff did not ask for an injunction but solely for damages. Such a suit is an action at “law.” 1 That it is founded solely on a statute does not deprive either party of a right to a trial by jury;2 an action for treble damages under the Sherman Act is likewise purely statutory,3 but it is triable at “law” and by a jury as of right.4
2. The principal question on this appeal…
2Cases cited68 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
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3Cited by554 opinions
- Zhang v. United States Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
- Gulbenkian v. PennTexas Supreme Court · 1952
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
549 more not listed; retrieve them via the Exa API.