Harlan F. Stone

“ Appellant's application for a jury was in terms a motion for an order 'framing for trial by jury the issues in this action as to the occurrences of the alleged violations of the National Prohibition Act.' It clearly appears from the notice of motion and the supporting affidavits that the motion was not a challenge to the equity jurisdiction of the court nor a demand for a jury trial in an action at law, such as is guaranteed by the Constitution. ”

“ Hence, there was no error in the court's finding the facts supporting its judgment, without a jury. Whether issues raised by the pleadings in proceedings under section 23 must be tried by jury if seasonably demanded is a question which does not arise on this record.
Appellant on appeal for the first time challenged the equity jurisdiction of the court, urging that the remedy at law was adequate. The cancellation of appellant's lease, which was the relief sought, was a remedy competent for equity to give. ”

“ United States (C. C. A.) 280 F. 683; United States v. Bynton (D. C.) 297 F. 261; United States v. Archibald (D. C.) 4 F. (2D) 587; United States v. Gaffney (C. C. A.) 10 F. (2d) 694. Cf. United States v. ”