Legal Opinion

Ropes v. Clinch

U.S. Circuit Court for the District of Southern New York

Decided April 15, 1871PublishedCited by 12 opinions

This was an action [by William Ropes and others] against [Charles P. ClinehJ the collector of the port of New York to recover back duties paid under protest on unmanu-factured Russia hemp. The duties were exacted under the provisions of section 1 of the act of August 5, 1S61 (12 Stat. 292), which imposed the following duties: “on unmanu-factured Russia hemp, forty dollars per ton: on Manilla and other hemps of India, twenty-five dollars per ton.”

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This was an action [by William Ropes and others] against [Charles P. ClinehJ the collector of the port of New York to recover back duties paid under protest on unmanu-factured Russia hemp. The duties were exacted under the provisions of section 1 of the act of August 5, 1S61 (12 Stat. 292), which imposed the following duties: “on unmanu-factured Russia hemp, forty dollars per ton: on Manilla and other hemps of India, twenty-five dollars per ton.” The duty exacted was at the rate of forty dollars per ton. The plaintiffs contended that, under the provisions of article 6 of the treaty between…

1Opinion of the CourtWoodruff, Circuit Judge

(orally). It would have been a satisfaction to me, had the counsel deemed it consistent with their sense of duty to allow this case to go to the jury upon the questions of fact involved in the issue, if, indeed, there be a question of fact which is in dispute, or about which there is any conflict of evidence, and to reserve the legal questions for consideration in the supreme court, only calling upon me to rule, for the time being, in such manner as would enable the verdict of the jury to be sent up with the record, and so that the decision in that court might, in one aspect of the ease, be…

2Cited by12 opinions

  1. Senator Barry Goldwater v. James Earl Carter, President of the United StatesCourt of Appeals for the D.C. Circuit · 1979
  2. United States v. Lee Yen TaiSupreme Court of the United States · 1902
  3. Rainey v. United StatesSupreme Court of the United States · 1914
  4. Snap-On Tools, Inc. v. United StatesUnited States Court of Claims · 1992
  5. North German Lloyd S. S. Co. v. HeddenU.S. Circuit Court for the District of New Jersey · 1890

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