Morris' CottonAnnotate this Case
75 U.S. 507 (1869)
U.S. Supreme Court
Morris' Cotton, 75 U.S. 8 Wall. 507 507 (1869)
75 U.S. (8 Wall.) 507
1. Where a seizure of property on land is made under the Acts of July 13, 1861, or of August 6, 1861, or July 17, 1862, passed in suppression of the rebellion, the claimants are entitled to trial by jury, though the suit be in form a libel of information, and the suit can be removed into this Court by writ of error alone. Union Insurance Company v. United States, 6 Wall. 765, and Armstrong's Foundry, 6 Wall. 769, affirmed.
2. This Court will, however, assume jurisdiction on appeal for the purpose of reversing a decree rendered by an inferior court not having jurisdiction to proceed in the way in which it has proceeded, and of vacating any unwarranted proceedings of it which stand in the way of a new trial there in a case where, in the judgment of this Court, a new trial ought to be granted. And it will in such cases either reverse the judgment or decree and direct the proceedings to be dismissed or remand the cause with directions to allow the pleadings to be amended and to grant a new trial according to law. And if the subject in controversy be a fund lately in the registry o