Trial by Jury: A Brief Review of Its Origin, Development and Merits and Practical Discussions on Actual Conduct of Jury Trials, Together with a Consideration of Constitutional Provisions and Other Cognate Subjects of ImportanceGeo. T. Bisel Company, 1922 - 452 Seiten "A brief review of its origin, development and merits and practical discussions on actual conduct of jury trials, together with a consideration of constitutional provisions and other cognate subjects of importance."--T.p. |
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Seite 266 - A state cannot deprive a person of his property without due process of law, but this does not necessarily imply that all trials in the state courts affecting the property of persons must be by jury. This requirement of the constitution is met if the trial is had according to the settled course of judicial proceedings. Murray's Lessee v. Improvement Co., 18 How. 280. Due process of law is process due according to the law of the land. This process in the states is regulated by the law of the state.
Seite 266 - ... law of the land. IV. And in the eight-and-twentieth year of the reign of King Edward III. it was declared and enacted by authority of Parliament that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of law.
Seite 272 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Seite 374 - To a very great extent, the unwritten law constitutes the basis of our jurisprudence, and furnishes the rules by which public and private rights are established and secured, the social relations of all persons regulated, their rights, duties, and obligations determined, and all violations of duty redressed and punished. Without its aid, the written law, embracing the constitution and statute laws, would constitute but a lame, partial, and impracticable system. Even in many cases, where statutes have...
Seite 375 - But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land.
Seite 268 - It does not follow, however, that a procedure settled in English law at the time of the emigration, and brought to this country and practiced by our ancestors, is an essential element of due process of law. If that were so, the procedure of the first half of the seventeenth century would be fastened upon the American jurisprudence like a straight jacket, only to be unloosed by constitutional amendment.
Seite 271 - It means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes In the same place and under like circumstances.
Seite 270 - Constitution we may review the case, it is not possible to hold that a party has, without due process of law, been deprived of his property, when, as regards the issues affecting it, he has, by the laws of the State, a fair trial in a court of justice, according to the modes of proceeding applicable to such a case.
Seite 145 - When one that is impleaded before any of the justices doth allege an exception, praying that the justices will allow it, which, if they will not allow, if he that...
Seite 233 - In the circumstances disclosed we think the request was adequate and timely under former opinions of -this court. Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Ry. Co., 210 US 1, 8; Sena v. American Turquoise Co., 220 US 497, 501; Schmidt v. Bank of Commerce, 234 US 64, 66; Williams v. Vreeland, 250 US 295, 298. It should have been granted. Clearly some substantial evidence strongly Counsel for Parties. 254 US tended to show that the assignment was taken in extinguishment of an existing...