 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
 | 1900 - 1326 halaman
...Fed. Rep. 446; Hipp v. Babin. 19 How. (US) 271. Deprivation of Constitutional Bight to Jury Trial. — Whenever a court of law is competent to take cognizance of a right and has power to proceed toa judgment which affords a plain, adequate, and complete remedy, without the aid of a court of equity,... | |
 | Roger Foster - 1901 - 1000 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.7 "This enactment certainly means something; and if only declaratory of what was always the law,... | |
 | 1901 - 1162 halaman
...Wall. 616, 20 L. Ed. 501, to be that whenever a court of law, competent to take cognizance of a right, has power to proceed to a judgment which affords a...without the aid of a court of equity, the plaintiff must in general, proceed at law, because the defendant under such circumstances has a right to trial by... | |
 | United States. Supreme Court - 1901 - 1148 halaman
...equity in the nature of a bill of Interpleader, ae an action of ejectment. 4. Whenever a court of law affords a plain, adequate and complete remedy, without the aid of a court of equity, theplaiutiu must proceed at law, because the defendant has a constitutional right to a trial by a jury.... | |
 | United States. Supreme Court - 1901 - 1556 halaman
...numerous other authorities, the matter is thus summed up: "And the reault of the argument is that, whenever a court of law is competent to take cognizance of a right and lias power to proceed to a judgment which affords a plain, adequate and complete remedy, without the... | |
 | Robert Stewart Morrison - 1903 - 778 halaman
...constitutional right of the citizen, and, as was said by Mr. Justice Campbell in Hipp v. Babin, 19 How. 278, "whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury." Applying that principle to the case in hand, what have we ? There can be no doubt that the title claimed... | |
 | Indiana. Appellate Court - 1906 - 824 halaman
...the case of Root v. Railway Co. (1881), 105 US 189, 212, 26 L. Ed. 975, it was held that -wherever a court of law is competent to take cognizance of a right, and has power to proceed to judgment, and where such court affords a plain, adequate and complete remedy, without the aid of a... | |
 | 1908 - 1186 halaman
...541, 71 Рас. 1005 — Gentile v. Kennedy, 8 NM 355, 45 Рас. 879. 40. Whenever a court of law affords a plain, adequate, and complete remedy, without the aid of a court of equity, the plaintill must proceed at law, because the defendant has a, constitutional right to a trial by jury.... | |
 | John A. Shields - 1912 - 946 halaman
...estate cannot use a bill in equity in the nature of a bill of interpleader as an action of ejectment. Whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury. A bill, to justify its pretensions as a bill of strict interpleader, should give so much of a contract,... | |
 | William Mark McKinney - 1916 - 1546 halaman
...cognizance of a right and has power to proceed to a judgment which affords a remedy of this character, without the aid of a court of equity, the plaintiff must proceed at law, because the defendant, under such circumstances, has a right to a trial by jury.14 It also seems that the time when the attention... | |
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