Justices v. Murray

Citations

• 76 U.S. 274
• 19 L. Ed. 658
• 9 Wall. 274
• 1869 U.S. LEXIS 964

Syllabus

<p>1. The provision in the seventh amendment of the Constitution of the United States, which declares that no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law, applies to the facts tried by a jury in a cause in a State court.</p> <p>2 So much of the 5th section of the act of Congress of March 3d, 1863, entitled “An act relating to habeas corpus and regulating proceedings in certain cases,” as provides for the removal of a judgment in a State court, and in which the cause was tried by a jury, to the Circuit Court of the United States for a retrial on the facts and law, is not in pursuance of the Constitution, and is void.</p>