Hudgins v. Kemp, Assignee, &C.
Supreme Court of the United States
These two cases were appeals from the circuit court of the United States for the eastern district of Virginia. Being exactly alike, it will only be necessary to state the first.
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These two cases were appeals from the circuit court of the United States for the eastern district of Virginia. Being exactly alike, it will only be necessary to state the first. The counsel for the motion filed the following certificate • I, Philip Mayo, clerk of the United States court for the fourth circuit and eastern district' of Virginia, do certify that, in a suit in chancery in the said court between Wyndham Kemp, assignee in bankruptcy of John L. Hudgins, a bankrupt plaintiff, and Elliott W. Hudgins and John L. Hudgins, defendants, a final decree was rendered on the twenty-seventh day…
1Opinion of the CourtChief Justice Taney
This case has been brought up to this court by appeal from the decree of the circuit court of the United States, from the district of Virginia; and a motion is made on behalf of the appellee to dismiss it, upon the ground that it has not been removed in the manner the law requires, and that therefore we have no jurisdiction over it. And certificates and statements of the clerk, outside of the record, and given since it was certified and transmitted to this court, have been filed as evidence of the irregularity of the removal..
This evidence is not admissible upon the present motion. The record…
2Cases cited6 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Clement Woodward, in Error v. James Brown, and Sarah Jane, His Wife, in ErrorSupreme Court of the United States · 1839
- Yeaton and Others v. Lenox and OthersSupreme Court of the United States · 1833
- Reily v. LámarSupreme Court of the United States · 1805
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3Cited by18 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- Federal Facilities Realty Trust v. KulpCourt of Appeals for the Seventh Circuit · 1955
- Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
- Doane v. GlennSupreme Court of Colorado · 1872
- B. & O. R. R. v. VanderwarkerWest Virginia Supreme Court · 1882
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