HERSHFIELD
v.
GRIFFITH

U.S. | 1873-10-01
Dissenting, Justices CLIFFORD, DAVIS, and STRONG.
18 Wall. 657 Supreme Court of the United States (1873) Positive Treatment
Also reported at: 21 L. Ed. 968 · 1873 U.S. LEXIS 1342 · SCDB 1873-174
Cited by 4 cases
Opinion of the Court
Mr. Justice BRADLEY

Mr. Justice BRADLEY delivered the opinion of the court.

The only point made in this case is,- that being one of equity jurisdiction it was tried by jury as an action at law. This being so it would seem that, under the seventh article of amendments to the Constitution, it should have been removed by writ of error and not by appeal. But that aside, we have just decided in Hornbuckle v. Toombs that equitable as well as legal relief maybe pursued by the form of action prescribed by the Territorial legislature. There is no complaint that this was not done, or. that substantial justice was not administered between the parties.

Judgment aebtrmed.

Dissenting, Justices CLIFFORD, DAVIS, and STRONG.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • ELY v. N.M. & Ariz. R.R. Co., 129 U.S. 291 (U.S. 1889)
    …gal and equitable relief may be granted in the same action, and. may be administered through the intervention of a jury or by the court itself,.according'to the nature of the remedy sought. Hornbuckle v. Toombs, 18 Wall. 648; Hershfield v. Griffith, 18 Wall. 657; Davis v. Bilsland, 18 Wall. 659 Basey v. Gallagher, 20 Wall. 670. By the Compiled Laws of Arizona, c. 48, § 256, “an action-may be brought by any person' in possession by himself - or his' tenant of real property against any person who claims an e…
  • Hatchett v. Gov't of Guam, 212 F.2d 767 (9th Cir. 1954)
    …here cited reference may be made to Ex parte Crow Dog, 109 U.S. 556, 560, 3 S.Ct. 396, 27 L.Ed. 1030; United States v. Pridgeon, 153 U.S, 48, 58, 14 S.Ct. 746, 38 L.Ed. 631; In re Terrill, 8 Cir., 144 F. 616, 619; Hornbuckle v. Toombs, 18 Wall. 648, 21 L.Ed. 968; United States v. Bisel, 8 Mont. 20, 19 P. 251. . “§ 1424. District Court of Guam; jurisdiction ; rules of procedure “(a) There is created a court of record to be designated the District Court of Guam’, and the judicial authority of Guam shall be…

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