Perego v. Dodge

Citations

• 163 U.S. 160
• 16 S. Ct. 971
• 41 L. Ed. 113
• 1896 U.S. LEXIS 2256

Syllabus

<p>This complaint being, in effect, a bill to quiet title as against an adverse claim, and the plaintiff having thus voluntarily invoiced the equity jurisdiction of the court, he is in no position to urge, on appeal, that his complaint should have been dismissed because of adequacy of remedy at law, and such an objection comes too late in the appellate tribunal.</p> <p>Where a case is one of equitable jurisdiction only, the trial court is not bound to submit issues of fact to a jury; and, if it does so, is at liberty to disregard the verdict and findings of the jury.</p> <p>By reason of his selection of this form of action, and his proceeding to a hearing and decree without objection, the contention of the appellant in respect of his deprivation of trial by jury comes too late.</p> <p>The act of March 3, 1881, c. 140, 21 Stat. 605, was not intended to require and does not require all suits under Eev. Stat. § 2326, to be actions at law and to be tried by a jury.</p>