Elliott v. Toeppner

Citations

• 187 U.S. 327
• 23 S. Ct. 133
• 47 L. Ed. 200
• 1902 U.S. LEXIS 792

Syllabus

<p>The right of a person, against whom an involuntary petition of bankruptcy has been filed, to a trial by jury under section 19 of the bankruptcy act is absolute and cannot be withheld at the discretion of the court.</p> <p>The trial is a trial according to the course of the common law and the court cannot enter judgment, as the chancellor may, contrary to the verdict, but the verdict may be set aside or the judgment may be reversed for error of law as in eommou law cases.</p> <p>The distinction between-a writ of error which brings up matter of law only, and an appeal, which, unless expressly restricted, brings up both law and fact, has always been observed by this court and recognized by the legislation of Congress from the foundation of the Government.</p> <p>Congress did not attempt by section 25a of the bankrupt act, which provides for appeals as in equity cases from the District Court to the Circuit Court of Appeals from judgments adjudging or refusing to adjudge the defendant a bankrupt, to empower the appellate court to reexamine the facts determined by a jury underf section 19, otherwise than according to the rules of the common law. The provision applies to judgments where trial by jury has not been demanded and the court proceeds on its own findings of fact. In such case the facts and the law are reexaminable on appeal; but in case of a jury trial the judgment is reviewabie only by writ of error for error in law, and alleged errors in instructions, the giving or refusal of instructions or in the admission or rejection of evidence which must appear by exceptions duly taken and preserved by bill of ex-eeptions in the absence of which such alleged errors cannot be consider,ed, although the transcript of the record contains what purports to be the evidence heard by the jury, exceptions reserved to evidence, admitted or exeludéd, the charge and exceptions, instructions asked and refused and exceptions.</p>