[Download] "John G. Graham, Plaintiff in Error v. Alexander Bayne" by United States Supreme Court # eBook PDF Kindle ePub Free

July 16, 2021

eBook details

Title: John G. Graham, Plaintiff in Error v. Alexander Bayne
Author : United States Supreme Court
Release Date : January 01, 1855
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

This case was tried in the circuit court for the district of Illinois, without the intervention of a jury, and under the following agreement of counsel:–– 'Be it remembered, that upon the calling of this cause for trial, by the mutual agreement of the parties, and in accordance with the laws and practice of this State, a jury was waived, and both matters of law and fact were submitted to the court, upon the distinct understanding that the right of either party should be full and perfect to object to the admission of improper evidence, and to insist upon the admission of competent evidence, with the same privilege of excepting to the rulings of the court in either case, as though the cause were tried by a jury; and with the right to either party to avail himself in the supreme court of any erroneous ruling in this court, precisely as though the cause had been submitted to a jury, and with liberty to either party, if it should be necessary to a hearing of this cause in the supreme court, to treat the evidence in this cause in the nature of a special verdict.' The common law has been adopted by Illinois, and all the States except Louisiana. In that State, the courts of the United States have been compelled to adopt the forms of pleading and practice peculiar to the civil law and the code. That system knows no distinction between law and equity. All cases are tried alike, on petition and answer, with or without the intervention of a jury, as the parties may elect. This court having separate jurisdiction, both in equity and law, is compelled to distinguish. They can review cases in common law by writ of error only, and on bills of exception presenting questions of law. The circuit courts may adopt the forms of pleading and practice of the state courts, but no state legislation can be applied to the practice of this court, and the mode in which causes shall be brought into it for review.