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" 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 233
1903
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 21

William Mack, William Benjamin Hale - 1920 - 1290 halaman
...Estate Loan Co. v. Molesworth. 3 Man. 116. "Whenever a court of law is competent to take cogniznnce of a right, and has power to proceed to a Judgment...defendant has a constitutional right to a trial by Jury." Hipp v Babin, 19 How. (US) 271, 278. 15 L. ed. 633 [ouot Watson v. Huntington, 215 Fed. 472, 131 CCA...
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Federal Rules of Civil Procedure, Volume 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 halaman
...law.' . . . 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...plaintiff must proceed at law, because the defendant has n constitutional right to a trial by jury.' In a very recent ease the court said : 'This enactment...
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The Insurance Law Journal, Volume 1

1872 - 764 halaman
...rccision of the same is essential to protect the opposite party from pecuniary injury." Held, also, that whenever a court of law "is competent to take cognizance...without the aid of a court of equity, the plaintiff must in general proceed in law, because the defendant, under such circumstances, has a right to a trial...
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Atlantic Reporter, Volume 48

1901 - 1228 halaman
...of law, competent to take cognizance of a right, has power to proceed to a judgment which af fords a plain, adequate, and complete remedy, 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...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Buku 21

United States. Supreme Court - 1884 - 1000 halaman
...numerous other authorities, the matter is thus summed up: " 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." The right to a trial by jury is a great constitutional right, and it is only in exceptional cases and...
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Cases Argued and Decided in the Supreme Court of the United States ..., Buku 28

United States. Supreme Court - 1886 - 1228 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." Bee. also, Parker v. Cotton Co., 2 Black, 545 [07 US, XVII., 333; Grand Chuta v. Wincgar,...
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United States Supreme Court Reports, Volume 21

United States. Supreme Court - 1911 - 972 halaman
...NY 524 ; Clark v. K. Co. 36 Mo. 202 ; Hynds v. n«ys, 25 Ind. 31 : Parker v. Jenkins, 3 Bush. OS7. court of law is competent to take cognizance of a...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 and...
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Cases Argued and Decided in the Supreme Court of the United States, Volume 82-85

United States. Supreme Court - 1901 - 1556 halaman
...»side as against the weight of evidence or contrary to lew or as without evidence to support It. Stuart 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...
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Alaska Reports, Volume 1

1903 - 874 halaman
...may be had at law." This is the general rule in all courts, "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." Hipp v. Babin, 60 US 271, 15 L. Ed. 633; Grand Chute v. Winegar, 92 US 373, 21 L. Ed. 174. In Parker...
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American Law Reports Annotated, Volume 30

1924 - 1648 halaman
...119 US 347, 351, 30 L. ed. 451, 452, 7 Sup. Ct. Rep. 249. And so it has been held by this court 'that whenever a court of law is competent to take cognizance...the defendant has a constitutional right to a trial byjury.' Hipp v. Babin, 19 How. 271, 278, 15 L. ed. 633, 635. "It would be difficult, and perhaps impossible,...
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