Document Type

Trial Proceeding

Publication Date


Article Footnote

Article 2, footnote 280

Book Footnote

Chapter 10, footnote 3


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.


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.

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Legal History Commons



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