Legal Opinion

Gwin v. Breedlove

Supreme Court of the United States

Decided January 31, 1844PublishedCited by 19 opinions

This case was brought up by writ of error, from the Circuit Court of the United States for the southern district' of Mississippi', and arose upon the following statement of facts.

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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', and arose upon the following statement of facts. At some period prior to the 13th day of February, 1839, James W. Breedlove, the defendant in error, had recovered a judgment in, the Circuit . Court of the United States for the southern district of Mississippi, against certain persons there, for the sum of $12,976, with interest at the rate of 8 per cent, per annum, from the 24th of May, 1838,. until paid; and on the said 13th of February, an execution was issued…

1Opinion of the CourtJustice Catron

The writ of error in this case is prosecuted by the former marshal to reverse a judgment recovered against him by motion in the Circuit Court of the United States for the district of Mississippi. The proceeding in this form, is founded on a law of that state governing sheriffs ; as will be seen by the statement of the reporter.

The first objection raised on behalf of the plaintiff in error is, that it does not • appear on the record, that Breedlove was a citizen of á different state from the defendant; and therefore it is insisted .the court below had no jurisdiction as'betwéen the parties. As…

2Cases cited1 opinion

  1. Amis v. SmithSupreme Court of the United States · 1842

3Cited by19 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. U.S.I. Properties Corp. v. M.D. Construction Co.Court of Appeals for the First Circuit · 2000
  3. Feibelman v. PackardSupreme Court of the United States · 1883
  4. State of New Jersey v. MoriarityDistrict Court, D. New Jersey · 1967
  5. Saginaw Cty. v. STAT Emergency Med. Servs.Court of Appeals for the Sixth Circuit · 2020

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