Watt v. Starke
101 U.S. 247 (1879)

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U.S. Supreme Court

Watt v. Starke, 101 U.S. 247 (1879)

Watt v. Starke

101 U.S. 247

Syllabus

1. The verdict upon an issue which a court of chancery directs to be tried at law is merely advisory. A motion for a new trial can be made only to that court, and the party submitting it must procure, for the use of the chancellor, notes of the proceedings at the trial, and of the evidence there given.

2. The evidence and proceedings become then a part of the record, and are subject to review by the appellate court should an appeal from the decree be taken.

3. These rules are not affected by the second section of the Act of Feb. 16, 1876, 18 Stat., part 3, p. 315, which provides that in a patent case, the circuit court, when sitting in equity, may impanel a jury and submit to them such questions of fact as it may deem expedient.

4. Harman v. Johnson,94 U. S. 371, reaffirmed.

Page 101 U. S. 248

The facts are stated in the opinion of the Court.

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