Thompson v. Whitman
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York; the case being thus: A statute of New Jersey, approved April 16th, 1846, and commonly known there as the Oyster Law, thus enacts: ^"Section 7. It shall not be lawful for any person who is not at the time an actual inhabitant and resident of this State, . . . to rake or gather clams, oysters, or shell-fish, ... in any of the rivers, bays, or waters of this State-, on board of any . . . boat or other vessel; and…
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Error to the Circuit Court for the Southern District of New York; the case being thus: A statute of New Jersey, approved April 16th, 1846, and commonly known there as the Oyster Law, thus enacts: ^"Section 7. It shall not be lawful for any person who is not at the time an actual inhabitant and resident of this State, . . . to rake or gather clams, oysters, or shell-fish, ... in any of the rivers, bays, or waters of this State-, on board of any . . . boat or other vessel; and every person who shall offend herein shall forfeit and pay $20; . . . and the said . . . boat or other vessel, used and…
1Opinion of the CourtJustice Bradley
The main question in the cause is, whether the record produced by the defendant was conclusive of the jurisdictional facts therein contained. It stated, with due particularity, sufficient facts to give the justices jurisdiction under the law of New Jersey. Could that statement be questioned collaterally in another action brought in another State? If it could be, the ruling of the court was substantially correct. If not, there was error. It is true that the court charged generally that the record was only primé fade evidence .of the facts stated therein; but as the jurisdictional question was…
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