American Publishing Co. v. Fisher
166 U.S. 464 (1897)

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U.S. Supreme Court

American Publishing Co. v. Fisher, 166 U.S. 464 (1897)

American Publishing Co. v. Fisher

Argued March 29, 1891

Decided April 12, 1897

166 U.S. 464

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF UTAH

Syllabus

The statute of the Territory of Utah (Compiled Laws of 1888, § 3371, as amended in 1892) providing that "in all civil cases, a verdict may be rendered on the concurrence therein of nine or more members of the jury," if not invalid under the Seventh Amendment to the Constitution, is so as violating the provision in the Act of September 9, 1850, admitting Utah as a territory, that

"the Constitution and laws of the United States are hereby extended over and declared to be in force in said Territory of Utah so far as the same or any provisions thereof may be applicable,"

and the Act of April 7, 1874, c. 80, "concerning the practice in territorial courts, and appeals therefrom," which provided that

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