Document Type

Article

Comments

Chancery Procedure and the Seventh Amendment: Jury Trial of Issues in Equity Cases before 1791 (with Harold Chesnin), 83 Yale L.J. 999 (1974)

Abstract

There is some evidence that courts of equity in the eighteenth century
and before, and in the early part of the nineteenth century, relied
on procedures involving jury trial to determine disputed questions of
fact. Because the evidence is modest it suggests rather than demonstrates
the validity of the inferences that may be drawn from it. At the
same time these inferences may be significant in assessing the constitutional
position of jury trial in this country.

Date of Authorship for this Version

1974

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