General & Miscellaneous Law, Courts & Trial Practice, Judicial Branch
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Overview
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ... the institution remained as left by the various state constitutions, and that many competent persons considered a constitutional provision undesirable since "changes in society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails." The champions of the constitution were successful in securing its adoption in the original form; still, the pressure of public opinion was so strong that already the 1st Congress presented a provision supplementary to the Constitution," which was duly ratified as follows: "In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be « There were eighty-eight in all--published originally (1787-1788) in the "Independent Journal" at New York--a large majority of them being written by Hamilton, the rest by Madison and Jay. "So called by Mr. C. W. Loriug, in his admirable monograph on "Nullification and Secession" (N. Y. 1893). 4 Amendment VII. In Bess v. White, decided by the supreme court of Utah June 9,1893 a statute, providing that in civil actions a verdict may be rendered by the concurrence of nine jurors, was held not to conflict with the 7th Amendment; that the words " trial by jury " used therein do not mean "a jury which renders a verdict by the unanimous action of its twelve members;" that such a provision is simply a change in the procedure of applying legal remedies... and no man can be said to have a vested right in the unanimous action of the jury, any more than in the fact that a juror was anciently required to be a freeholder. The better and prevailing professional opinion, however, is that so radical a change can be accompl...Book Details
Published
December 1, 2009
Publisher
General Books
Pages
90
Format
Paperback
ISBN
9781150606007