Legal Opinion

William M. Gwin, Late Marshal, and Jacob S. Yerger and Robert Hughes, His Sureties, in Error v. C. T. And A. Barton, in Error

Supreme Court of the United States

Decided December 21, 1847PublishedCited by 9 opinions

This case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi, under the following circumstances. - At May term, 1843, viz. on the- *>th of • May, the following notice was filed To William M. Gwin, late Marshal of the Southern'District of the State of Mississippi, and Jacob S*- Yerger and Robert Hughes, his securities in his official bond.

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This case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi, under the following circumstances. - At May term, 1843, viz. on the- *>th of • May, the following notice was filed To William M. Gwin, late Marshal of the Southern'District of the State of Mississippi, and Jacob S*- Yerger and Robert Hughes, his securities in his official bond. Please take notice that on Wednesdayrthe 24th day of the present month (May), I' will move the Circuit Court of the United States for the Southern District of the State of Missis-r sippi for…

1Opinion of the CourtChief Justice Taney

It appears by the record, that this was a summary proceeding, by motion in the Circuit Court of the United States for the Southern District of Mississippi, against Gwin, late marshal of the District, and Yerger and Hughes, the sureties in his official bond, for the default of the marshal in omitting to levy the money upon a writ of venditioni exponas. This summary process was according to the provisions of a statute of Mississippi regulating proceedings upon executions in the courts of that State, —and which was supposed, it seems, to have been adopted by the courts of the United States, when…

2Cases cited1 opinion

  1. Gwin v. BreedloveSupreme Court of the United States · 1844

3Cited by9 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Feibelman v. PackardSupreme Court of the United States · 1883
  3. Ferguson v. RossU.S. Circuit Court for the District of Eastern New York · 1889
  4. Castro v. De UriarteDistrict Court, S.D. New York · 1882
  5. Leak Glove Manuf'g Co. v. NeedlesCourt of Appeals for the Eighth Circuit · 1895

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