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Christopher King

How about "Does implication of a fundamental right give you the right to a Jury Trial in Equity?"

I think it does, as seen in the comments section of this post:

http://christopher-king.blogspot.com/2006/11/kingcast-and-reverend-horton-heat-say.html

.....in this rather extraordinary case involving the Country's oldest Civil Rights Organization:

Excerpt:

This Court has established the right to a Jury Trial in an Equity proceeding on prior occasion. Hoitt v. Burleigh 18 N.H. 389 N.H. 1846, cited in Copp v. Henniker 55 N.H. 179 N.H. 1875, holding “We have settled that a party to a bill in equity has a constitutional right to require a trial by jury, of a contested matter of fact, if he asserts that right at the proper stage of the cause [i.e. prior to commencement of testimony]. This case is readily distinguished from a case such as Keshishian v. CMC Radiologists, 142 N.H. 168, 179, 698 A.2d 1228 (1997), in which the Court was merely attempting to determine the applicability of a discovery rule because of the factual backdrop in this case, involving massive credibility issues hereinabove outlined.

Peace, Evan and thanks for being the one to tell me to get my own blawg.

-c

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