Justice Samuel Nelson wrote the opinion of the Supreme Court in "The Justices v. Murray", 76 U.S. 9 Wall. 274 (1869), in which he quoted Justice Joseph Story to explain the modes to reexamine facts tried by juries according to common law: "Mr. Justice Story … referring to this part of the amendment, observed … that it was 'a prohibition to the courts of the United States to re-examine any facts tried by a jury in any other manner according to Common Law'. ... He further observed that 'the only modes known to the common law to re-examine such facts was the granting of a new trial by the court where the issue was tried, or the award of a venire facias de novo, by the appellate court, for some error of law that had intervened in the proceedings.