Page:Federal Reporter, 1st Series, Volume 2.djvu/842

 MORGAN ». GILBERT. 885 �cle 8 of the amendments to the constitution, wîiere it is declared that in suits at common law the right of trial by jury shall be preserved. This expression bas been held to mean tbere ail suits in which legal rights were to be ascer- tained and determined, in contradistinction to those wbere equitable rights alone wererecognized and equitable remedies administered, and to admiralty proceedings, and not merely Buits which the common law recognized among its old and settled proceedings. Parsons v. Bedford, 3 Pet. 433. The right of recovery in this action is founded upon the statute, but an action at common law may be founded upon a statute. Bac. Ab. " Statute, " K. The rights to be determined are purely legal rights, as diatinguished from equitable rights. The action on the case given by the statute is a common-law action. The parties to it have the right to & trial by jury according to the course of the common law, which the legis- lature of the state cannot take away or abridge. Plimpton v. Somerset, 33 Vt. 283. This court bas concurrent jurisdiction with the courts of the state of actions of this nature in which therei is a controversy between citizens of different statea of the required amount, as there is here, and, therefore, this is a proper court to try the action, within the meaning of the statute of the stat'^ giving the action. Motion overruled. ���Morgan v. Gilbert. �(Circuit Court, W. D. Middgan, 8. D. April 22, 1880.) �MoBTGAGOK AND MoRTGAGEE— Injurt TO Sbcubitt.— Where the mort- gagor is insolvent, a mortgagee may main tain an action for an unautbor- ized injury to the mortgage security. �Trespass on the case. Tried without a jury. Simonds e Fletcher, for plaintif?. Champlin & More, for defendant. ����