Document Type
Trial Proceeding
Publication Date
9-1787
Article Footnote
Article 2, footnote 280
Book Footnote
Chapter 10, footnote 3
Abstract
Marsh won a jury verdict ordering that Hilton return the damages he had won and pay court costs. But Hilton objected that inasmuch as Marsh held a judgment payable in the prior legal tender he could not be ordered to pay it nor could the court tax costs. Lacking equitable powers the court was unwilling to make the appropriate alteration.
Comments
If the legislature were to grant an individual relief from judicial application of a harsh legal rule, this might be praised as achieving substantive justice or criticized as undermining judicial autonomy.