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HORNBUCKLE v. TOOMBS

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85 U.S. 648 (1874)

18 Wall. 648

21 L.Ed. 966

HORNBUCKLE, v. TOOMBS.

Supreme Court of United States.

May 4, 1874.

Attorney(s) appearing for the Case

Mr. Robert Leech, for the plaintiff in error:

Messrs. Montgomery Blair and F.A. Dick, contra.

Mr. Justice BRADLEY delivered the opinion of the court.

The only errors assigned are based on the intermingling of legal and equitable remedies in one form of action.

Such an objection would be available in the Circuit and District Courts of the United States. The Process Act of 1792* expressly declared that in suits in equity, and in those of admiralty and maritime jurisdiction, in those courts, the forms and modes of proceeding...

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