Tennessee v. Davis
Supreme Court of the United States
Certificate of division in opinion between the judges of the Circuit Court of the United States for the Middle District of Tennessee. James M. Davis, was, in the Circuit Court for Grundy County, in the State of Tennessee, indicted for murder.
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Certificate of division in opinion between the judges of the Circuit Court of the United States for the Middle District of Tennessee. James M. Davis, was, in the Circuit Court for Grundy County, in the State of Tennessee, indicted for murder. On the twenty-ninth day of August, 1878, before the trial of the indictment, he presented to the Circuit Court of the United .States for the proper district the following petition, praying for a removal of the case into that court, and for a certiorari : — “Your petitioner, James M. Davis, would most respectfully show to the court that on the…
1Opinion of the CourtJustice Strong
The first of the questions certified is one of great importance, bringing as it does into consideration the relation of the general government to the government of the States, and bringing also into vAw not merely the construction of an act of Congress, but its constitutionality. That in this case the defendant’s petition for removal of the cause was in the form prescribed by the act of Congress admits of no doubt. It represented that he had been indicted for murder in (he Circuit Court of Grundy County, and that the indictment and criminal prosecution were still pending. It represented…
Also in this document: Dissent.
2Cases cited35 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- United States v. WiltbergerSupreme Court of the United States · 1820
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
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3Cited by382 opinions
- Butz v. EconomouSupreme Court of the United States · 1978
- Ball v. United StatesSupreme Court of the United States · 1985
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Georgia v. RachelSupreme Court of the United States · 1966
- In Re DebsSupreme Court of the United States · 1895
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