# Frenckiewich v. Dowd

> Massachusetts Supreme Judicial Court · May 14, 1935 · 291 Mass. 95

URL: https://www.frixlaw.com/law-library/cases/6441684

## Case

- **Full name:** Joseph Frenckiewich v. Thomas H. Dowd
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** May 14, 1935
- **Citations:** 291 Mass. 95
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6441684

## Opinion text

By the Court.
The petitioner, without conforming to the provisions of G. L. (Ter. Ed.) c. 231, § 104, in regard to claiming a jury trial, seeks by this petition for a writ of mandamus to compel the respondent to grant his motion (which was denied) to remove an action to the Superior Court for trial by jury on the single ground that the denial of his motion violated the Seventh Amendment to the Constitution of the United States. There is nothing in this contention. “The first ten amendments to the Federal Constitution contain no restrictions on the powers of the State, but were intended to operate solely on Federal Government.” Brown v. New Jersey, 175 U. S. 172, 174 . Commonwealth v. Wilkins, 243 Mass. 356, 361 . Commonwealth v. Gedzium, 259 Mass. 453, 457 . Gaines v. Washington, 277 U. S. 81, 85 .
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6441684. Public record. Not legal advice.