People ex rel. Gorman v. Havird
Idaho Supreme Court
APPEAL from District Court, Boise County. Appellant insists, however, that “the provision of the federal constitution which secures to every party, where the value in controversy exceeds twenty dollars, the right of trial by jury does not apply to trials in the state courts,” and by parity of reasoning to trials in the territorial courts which are not United States courts.
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APPEAL from District Court, Boise County. Appellant insists, however, that “the provision of the federal constitution which secures to every party, where the value in controversy exceeds twenty dollars, the right of trial by jury does not apply to trials in the state courts,” and by parity of reasoning to trials in the territorial courts which are not United States courts. (Edwards v. Elliott, 21 Wall. 532-558, and authorities cited; Pearson v. Temdall, 95 U. S. 294-296; Home-buckle v. Toombs, 18 Wall. 648, 657; American Ins. Go. v. Canter, 1 Pet. 511; J oseph v. Bidwell, 28 La. Ann. 382, 26…
1Opinion of the CourtBerry, J.
This action is under an act of the territorial legislature of Idaho, passed January 30, 1885, being sections 534-542, inclusive, of the Code of Civil Procedure, and its purpose is to try the .title of the respondent to the office of sheriff of Boise county. It has the usual provisions for obtaining jurisdiction of the parties, the formation of issues by pleading, *533the trial of the issues, and the rendition of judgment, with the further privilege of appeal to this court. The proceeding is-called by the act an “action,” and it is so treated by both parties, and it must be so considered for the…
2Cases cited4 opinions
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- People ex rel. Van Voast v. Van SlyckNew York Supreme Court · 1825
- Joseph v. BidwellSupreme Court of Louisiana · 1876
3Cited by4 opinions
- Rankin v. JaumanIdaho Supreme Court · 1894
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
- Pueblo ex rel. Mendín Sabat v. SeijoSupreme Court of Puerto Rico · 1932
- In Re State of TexasTexas Supreme Court · 2026