Legal Opinion

Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.

United States Circuit Court

Decided November 26, 1883Published

Motion to Bepload. The plaintiff, under an act of the Tennessee legislature of March 23, 1877, c. 47, which enacts that the jurisdiction of all civil causes of action now triable in the circuit court, except for injury to person, property, or character, involving nnliquidating damages, is hereby conferred upon the chancery court, which shall have and exercise concurrent jurisdiction thereof along with the circuit court, filed its bill in the chancery court of Shelby county…

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Motion to Bepload. The plaintiff, under an act of the Tennessee legislature of March 23, 1877, c. 47, which enacts that the jurisdiction of all civil causes of action now triable in the circuit court, except for injury to person, property, or character, involving nnliquidating damages, is hereby conferred upon the chancery court, which shall have and exercise concurrent jurisdiction thereof along with the circuit court, filed its bill in the chancery court of Shelby county to recover damages from the defendants for an alleged breach of contract by failure to deliver to the plaintiff in tho…

1Opinion of the CourtHammond, J.

In whatever form the subject has presented itself,— whether as a matter of jurisdiction, pleading, or practice, as to methods of relief, defenses, review, or what not,—the supreme and inferior federal courts have, with inexorable firmness, insisted upon preserving the essential distinctions between law and equity by administering them separately, as required by the constitution and laws of the United States. The cases are far too numerous for citation here, hut will he gathered in a foot-note for consultation in support of this opinion. They commence with the organization of the courts, and…

2Cases cited63 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  3. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  4. State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
  5. Ex Parte McNielSupreme Court of the United States · 1872

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