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American Publishing Company v. Fisher

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American Publishing Company v. Fisher
Decided April 12, 1897
Full case nameAmerican Publishing Company v. Fisher
Citations166 U.S. 464 (more)
Holding
The Utah Territory's failure to require unanimity in their civil juries violated the Seventh Amendment and the territory's organic act.
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field · John M. Harlan
Horace Gray · David J. Brewer
Henry B. Brown · George Shiras Jr.
Edward D. White · Rufus W. Peckham
Case opinion
MajorityBrewer, joined by unanimous

American Publishing Company v. Fisher, 166 U.S. 464 (1897), was a United States Supreme Court case in which the Court held that the Utah Territory's failure to require unanimity in their civil juries violated the Seventh Amendment and the territory's organic act.[1][2]

Significance

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To establish that the Seventh Amendment required unanimous civil juries, this case declared that "…unanimity was one of the peculiar and essential features of trial by jury at the common law. No authorities are needed to sustain this proposition."[1]

References

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  1. ^ a b American Publishing Company v. Fisher, 166 U.S. 464 (1897).
  2. ^ Lieberman, Jethro K. (1999). "Jury Unanimity". A Practical Companion to the Constitution. p. 271.
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