United States v. Peters
Supreme Court of the United States
THIS was a motion for a Prohibition to the District Court of Pennsylvania, where a Libel had been filed, by James Yard, and process of attachment thereupon issued, against the Cassius, an armed Corvette, belonging to the French Republic, and Samuel Davis, her Commander. The Libel was in these words : “To the Honorable Richard Peters, Esquire, Judge of the District Court of Pennsylvania.
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THIS was a motion for a Prohibition to the District Court of Pennsylvania, where a Libel had been filed, by James Yard, and process of attachment thereupon issued, against the Cassius, an armed Corvette, belonging to the French Republic, and Samuel Davis, her Commander. The Libel was in these words : “To the Honorable Richard Peters, Esquire, Judge of the District Court of Pennsylvania. The Libel and Complaint of James Yard, of the State of Pennsylvania, in the United States of America, “ Humbly Sheweth, That the said James Yard is the owner of the Schooner William Lindfey, and her cargo :…
1Opinion of the Court
By the Court:—We have consulted together on this motion ; and, though a difference of sentiment exists, a majority of the Court are clearly of opinion, that the motion ought to be granted. Therefore,
Let a Prohibition issue;
The prohibition issued, accordingly, in the following form:
" United States, SS.
THEPREsiDENToftheÜNiTED States to the honorable Richard Peters, Efquire, Judge of the Diftridt Court of the United States, in and for the Pennfylvania. diftridt:, It is ihewn to the Judges of the Supreme Court of the United Statesj by Samuel B. Davis, That whereas by the laws of nations, and the…
2Cited by20 opinions
- Ex Parte Republic of PeruSupreme Court of the United States · 1943
- Smith v. WhitneySupreme Court of the United States · 1886
- In Re CooperSupreme Court of the United States · 1892
- Lucas Goar v. Compania Peruana De VaporesCourt of Appeals for the Fifth Circuit · 1982
- Ex Parte Phenix Insurance CompanySupreme Court of the United States · 1886
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