...in equity. The familiar rule is well stated in Hipp v. Babin, 19 How. 271, 15 L. Ed. 633: "Wherever a court of law Is competent to take cognizance of...defendant has a constitutional right to a trial by jury." Root v. Kailwuy Co., 105 US ISO, 26 L. Ed. 975; Scott v. Neely, 140 DS 106, 11 Sup. Ct. 712, 35 L....

...remedy at law.* The rule adopted in the great majority of American jurisdictions, however, is that whenever a court of law is competent to take cognizance...law, because the defendant has a constitutional right Mut. Protective Union, 121 NY 45, Hazelton, 19 Wis. 567, 88 Am. Dec. 24 NE 24, 8 LRA 175 and note;...

...remedy at law.* The rule adopted in the great majority of American jurisdictions, however, is that whenever a court of law is competent to take cognizance of a right, and ha? power to proceed to a judgment which affords a plain, adequate, and complete remedy, without the...

...Stat. 21, 98. The effect of the provision of the Judiciary Act, as often stated by this court, is that "whenever a court of law is competent to take cognizance...without the aid of a court of equity, the plaintiff may proceed at law, because the defendant has a constitutional right to a trial by jury." Hipp v. Babin,...

...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 of a right, and § 179, (c) Equity will not with- Newman v. Commercial Nat. Bank, draw the litigation concerning an...

...a previous statute iu the same words substantially as follows: The effect of this provision is that whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury.7 "It would be difficult, and perhaps impossible, to state any general rule which would determine...

...previous statute in the same words substantially as follows : The effect of this provision is that whenever a court of law is competent to take cognizance...of a right, and has power to proceed to a judgment whieh affords a plain, adequate, and complete remedy, without the aid of a court of equity, the plaintiff...

...right, and has power to proceed to a judgment which affords adequate, complete, and certain relief, the plaintiff must proceed at law, because the defendant has a constitutional right to a trial by jury.83 This principle has been observed, not, perhaps, from the 22 Story, Eq. Jur. 33; FITZMAURICE...

...have been unconstitutional, if it had provided for the exercise of equity powers in a case where " a court of law is competent to take cognizance of...which affords a plain, adequate, and complete remedy "; in such a case it held that " the plaintiff must proceed at law, because the defendant has a constitutional...

...constitutional right of the citizen, aud. as was said by Mr. Justice Campbell in Hipp v. Itabln, 19 How. 278. 'whenever a court of law is competent to take cognizance...defendant has a constitutional right to a trial by jury.' " I have heretofore had occasion to pass upon the question now nnder consideration, and, after careful...