De Lima v. Bidwell
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action originally instituted in the Supreme Court of the State of New York by the firm of D. A. De Lima & Co. against the collector of the port of New York, to recover back duties alleged to have been illegally exacted and paid under protest, upon certain importations of sugar from San Juan in the island of Porto Rico, during the autumn of 1899, and subsequent to the cession of…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action originally instituted in the Supreme Court of the State of New York by the firm of D. A. De Lima & Co. against the collector of the port of New York, to recover back duties alleged to have been illegally exacted and paid under protest, upon certain importations of sugar from San Juan in the island of Porto Rico, during the autumn of 1899, and subsequent to the cession of the island to the United States. Upon the petition of the collector, and pursuant to Rev. Stat. sec. 643, the case was…
1Opinion of the CourtJustice Brown
This case raises the single question whether territory acquired by the United States by cession from a foreign power remains a “ foreign country ” within the meaning of the tariff laws.
1. Did the question of jurisdiction raised by the demurrer involve only the jurisdiction of the Circuit Court as a Federal court, we should be obliged to say that the defendant was not in a position to make this claim, since the case was removed to the Federal court upon his own petition. It is no infringment upon the ancient maxim of the law that consent cannot confer jurisdiction, to hold that, where a party…
2Cases cited31 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Edye v. RobertsonSupreme Court of the United States · 1884
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
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3Cited by320 opinions
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- United States v. WheelerSupreme Court of the United States · 1978
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
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