 Act, as often stated by this court, is that " whenever a court of law is competent to take cognizance of a right, and has power to proceed to a judgment which affords a plain, adequate and complete remedy, without the aid of a court of equity, the plaintiff...  Lawyers' Reports Annotated - Halaman 2331903Tampilan utuh - Tentang buku ini
 | United States. Supreme Court - 1891 - 890 halaman
...110 US 568, 573 ; Buzard v. Houston, 119 US 347, .351. And so it has been held by this court " that whenever a court of law is competent to take cognizance...plaintiff must proceed at law, because the defendant has aconstitutional right to a trial by jury." Hipp v. Babin, 19 How. 271, 278. It would be difficult,... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1892 - 832 halaman
...119 US 347, 351 (7 Sup. Ct. Rep. 249; 30 L. Ed. 451). And so it has been held by this court ' 'that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury.'' Hipp r. Babin, 19 How. 271, 278 "(15 L. Ed. 633). It would be difficult, and perhaps impossible, to... | |
 | Roger Foster - 1892 - 812 halaman
...construed this statute substantially as follows : The effect of the provision of the Judiciary Act is that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury.6 " This enactment certainly means something ; and if only declaratory of what was always the... | |
 | 1892 - 1092 halaman
...equity. Mr. Justice HUNT uses language as follows: "And the result of the argument is that, wherever a court of law is competent to take cognizance of...defendant has a constitutional right to a trial by jury. The right to a trial by jury is a great constitutional right, and it is only in exceptional cases that... | |
 | William Albert Keener - 1894 - 908 halaman
...preventing an injustice irremediable at law." And the court declared as a result of the argument, " that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by a jury." ' And this objection to the jurisdiction may be enforced by the court sua sponte, though not... | |
 | Norman Fetter - 1895 - 490 halaman
...Equity has no jurisdiction where there has always been a plain, adequate, and complete remedy at law. Whenever a court of law is competent to take cognizance...which affords a plain, adequate, and complete remedy, the plaintiff must proceed at law, because the defendant has a constitutional right to a trial by jury.8... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1896 - 688 halaman
...Affirmed. Opinion filed March 31, 1896. WALKER, JUDD & HAWLEY, attorneys for plaintiff in error. " Whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury." a right guaranteed by all American constitutions. Buzzard v. Houston, 119 US Reports, 347-355; L. Ed.... | |
 | Benjamin Jonson Shipman - 1897 - 684 halaman
...right, and has power to proceed to a judgment which affords a plain, adequate, and complete remedy, the plaintiff must proceed at law, because the defendant has a constitutional right to a trial by jury." Fetter, Eq. p. 10. adapted to the end in view;" " and in the federal courts, at least, the "adequate... | |
 | 1897 - 1016 halaman
...authorities Mr. Justice Campbell, speaking for the court, said : " And the result of the argument is, that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury." In Thompson v. Railroad Companies, 6 "Wall. 134, 137, it was said, in reversing a decree in equity... | |
 | John Norton Pomeroy - 1899 - 850 halaman
...a suit at law, a suit in equity cannot be maintained. .... And the result of the argument is, that whenever a court of law is competent to take cognizance...plaintiff must proceed at law, because the defendant has a con•titutional right to a trial by jury." In Insurance Co. v. Bailey, 13 Wall. 616, an action at... | |
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