Mixed Cases of Law and Equity in Mississippi Courts
Mississippi Law Review, Forthcoming
Mississippi College School of Law Research Paper No. 2017-05
51 Pages Posted: 21 Apr 2017 Last revised: 19 Dec 2017
Date Written: April 21, 2017
This paper examines conflicting decisions about what trial court in Mississippi has subject matter jurisdiction over cases asserting mixed common law and equity claims. It finds a trend in recent cases to require litigation of such cases in circuit court in order to preserve the right to jury trial. And it proposes that such cases should be brought in or transferred in circuit court in the absence of extraordinary circumstances. It suggests that extraordinary circumstances would be presented by cases posing the risk of multiple, inconsistent decisions.
Keywords: state court, jurisdiction, equity, common law, right to jury trial
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