Chaires Ex Rel. Chaires v. United States
Supreme Court of the United States
This was an appeal from, the Superior Court oí East Florida, and a sequel to the case reported in 10 Peters; 308. The appellants filed in the court below the following petition: “ To the Honourable Isaac H. Bronson, judge of the Superior Court in and for the eastern district of Florida.
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This was an appeal from, the Superior Court oí East Florida, and a sequel to the case reported in 10 Peters; 308. The appellants filed in the court below the following petition: “ To the Honourable Isaac H. Bronson, judge of the Superior Court in and for the eastern district of Florida. “The petition of Joseph Chaires, of the said territory, executor of the-last will and testament of Benjamin Chaires, late of the same .territory, but now deceased, Peter Miranda; and Gad Humphreys, respectfully showeth: “ That the said Benjamin Chaires, Peter Miranda, and. Gad Hum-phreys; heretofore, to wit,…
1Opinion of the CourtJustice Catron
On the facts presented, one consideration is whether the petition was dismissed for a proper reason. The petition was moved on by the claimant’s counsel — and resisted on the ground that it had not been filed within the time allowed by law, arid the rulesrof the court-: and it is insisted it was dismissed for. this reason, which is insufficient ; as the-bar of five years cannot be interposed under the circumstances. If this had been the reason given, it would be imma'terial, if die order was proper for other reasons. The 32d section of the Judiciary Act prescribes the duty of this court in…
2Cases cited2 opinions
- United States v. Heirs of ForbesSupreme Court of the United States · 1841
- The United States v. Benjamin Chaires and OthersSupreme Court of the United States · 1836
3Cited by7 opinions
- Gaines v. RuggSupreme Court of the United States · 1893
- Elizabeth Arden Sales Corporation v. Gus Blass Co.Court of Appeals for the Eighth Circuit · 1945
- Illinois v. Illinois Central RailroadSupreme Court of the United States · 1902
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Linkous v. Virginian Ry. Co.Court of Appeals for the Fourth Circuit · 1917
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