What is the effect of the Seventh Amendment allowing a plaintiff to sue for damages at common law?

Mr. Justice Story pointed out in Parsons v. Bedford, 1830, 3 Pet. 433, 446-447, 7 L.Ed. 732, that in view of the use of the phrase "all cases in law and equity" in Article III of the Constitution and the historic practice "that courts of equity use the trial by jury only in extraordinary cases, to inform the

[289 F.2d 53]

conscience of the court," the natural conclusion from the reference to suits at common law in the Seventh Amendment is "that this distinction was present to the minds of the framers of the amendment" and that they did not intend the amendment to apply to proceedings "where equitable rights alone were recognized, and equitable remedies were administered."

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