Commentaries On Statute And Constitutional Law And Statutory And Constitutional
Commentaries On Statute And Constitutional Law And Statutory And Constitutional
E Fitch Smith
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Probably there were few if any states in the Union, in which some new legal remedies, differing from the old common law forms, were not in use, but in which, however, the trial by jury intervened, and the general regulations in other respects were according to the course of the common law. Proceedings in cases of partition, and of foreign and domestic attachment, might be cited as examples variously adopted and modified. In a just sense, the amendment then might be well con- strued to embrace a...ll suits which are not of equity and admiralty jurisdiction, whatever might be the peculiar form which they might assume to settle legal rights. And congress seems to have acted with reference to this ex- CHAP. IX. ] UPON LEGISLATIVE POWER. 553 position in the judiciary act of 1789, ch. 20, (which was contemporaneous with the proposal of this amendment, *) Cor in the ninth section it is provided, that " the trial of issues in fact in the district comets in all cases, except civil causes of admiralty and maritime jurisdiction, shall be by jury.
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