Cooper v. Coates

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United States Reports, Volume 1 {1 Dall.}
Supreme Court of the United States
1405565United States Reports, Volume 1 {1 Dall.}Supreme Court of the United States


COOPER verʃus COATES.

O

N a rule to fhew caufe, why auditors fhould not be appointed, under the Act of Affembly, the Defendant's depofition was read, wherein he fwore, that no queftion of depreciation could arife in this caufe.

by the court.– The words are fo very general and comprehenfive, that, if the fpirit and intention of the law, expreffed in the preamble and other fections, were not to be confidered, they would include every cafe arifing between the periods mentioned in the act. But it is inconfiftent with the Conftitution, and with juftice, that the trial by Jury fhould be taken away in this manner ; and, therefore, the Courts of Juftice have always determined, that auditors fhall be appointed only where there is a difpute about the depreciation.

The rule difcharged, Hallowell, for the Plaintiff–Sergeant, for the Defendant.