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" Constitution denominated in the third article 'law'; not merely suits which the common law recognized among its old and settled proceedings but suits in which legal rights were to be ascertained and determined in contradistinction to those where equitable... "
The Law of Freedom and Bondage in the United States - Page 716
by John Codman Hurd - 1862
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Albany Law Journal, Volume 44

1892 - 554 pages
...Constitution," says Jndge Story in Parsons v. Bedford, 3 Pet. 443, " is meant not merely suits which the common law recognized among its old and settled...contradistinction to those where equitable rights alone were reooguized and equitable remedies administered." Courts of "common-law jurisdiction " are such a«...
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The Works of Charles Sumner, Volume 3

Charles Sumner - 1871 - 564 pages
...clause, the Court say: "By Common Law the framers of the Constitution meant .... not merely suits which the Common Law recognized among its old and settled proceedings, but suits in which legal riglds were to be ascertained and determined In a just sense, the Amendment may well be construed to...
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The Works of Charles Sumner, Volume 3

Charles Sumner - 1871 - 564 pages
...clause, the Court say: "By Common Law the framers of the Constitution meant .... not merely suits which the Common Law recognized among its old and settled...legal rights were to be ascertained and determined In a just sense, the Amendment may well be construed to embrace all suits which are not of Equity and...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - 1873 - 760 pages
...law they meant what the constitution in the third article denominated, ' LAW,' not merely suits which the common law recognized among its old and settled...equitable rights alone were recognized and equitable rights administered." In the case of Bennett v. Butterworth, 11 How. 669, the chief justice of the...
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Commentaries on the Constitution of the United States: With a ..., Volume 2

Joseph Story - 1873 - 744 pages
...380 to 410 ; Id. 413 to 427 ; 3 Elliot's Debates, 131, 132, 137, 141, 153 ; Id. 283, 284, 301, 302. its old and settled proceedings, but suits in which...ascertained and determined in contradistinction to those in which equitable rights alone were recognized and equitable remedies were administered; or in which,...
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Reports of Decisions in the Supreme Court of the United States, Volume 3

United States. Supreme Court, Samuel Freeman Miller - 1875 - 756 pages
...common law, they meant what the constitution denominated in the 3d article LAW, not merely suits which the common law recognized among its old and settled...rights alone were recognized and equitable remedies administered." The same doctrine is recognized in the case of Strother v. Lucas, in 6 Peters, pp. 708,...
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Life and Public Services of Charles Sumner

Charles Edwards Lester - 1874 - 656 pages
...law is meant ,not merely suits which the common law recognized among its old and -settled proceeding, but suits in which legal rights were to be ascertained and determined. In a just sense, the Amendment may well be construed to embrace all suits, which are not of Equity or...
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Cases Argued and Determined in the Circuit and District Courts of ..., Volume 3

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1874 - 590 pages
...General vs. Early, 12 "Wheaton, 136. By cases in law are to be understood suits in which legal rights are to be ascertained and determined, in contradistinction to those where equitable rights alone are to be recognized, and equitable remedies administered, or where the proceeding is in the admiralty....
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The Works of Charles Sumner, Volume 3

Charles Sumner - 1875 - 560 pages
...framers of the Constitution meant .... not merely suits which the REPEAL OF THE FUGITIVE SLAVE ACT. 161 Common Law recognized among its old and settled proceedings,...legal rights were to be ascertained and determined In a just sense, the Amendment may well be construed to embrace all suits which are not of Equity and...
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Reports of Decisions in the Supreme Court of the United States, Volume 2

United States. Supreme Court, Samuel Freeman Miller - 1875 - 848 pages
...repeatedly ruled, that by cases at common law are to be understood suits in which legal rights are to be ascertained and determined, in contradistinction to those where equitable rights alone are recognized, and equitable remedies are administered. (Fide. Parsons v. Bedford, 3 Pet. 447, and...
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