by John Marshall Harlan, Potts v. Hollon — Opinion of the Court
“ One of the assignments of error is that the supreme court of the territory erred in holding that the trial court had jurisdiction of the subject of the action and the right to entertain the suit as a proceeding in equity and without a trial by jury.For the reasons stated in the opinion in Black v. Jackson, just decided (177 U.S. 349, 20 Sup. Ct. Rep. 648, 44 L. ed. --) , we adjudge that the issue of fact involving the right of possession of the premises in dispute could not properly be determined without the aid of a jury, unless a jury was waived. ”
