FLEMING v. Page
Supreme Court of the United States
This case came up from the Circuit Court of the United States for the Eastern District of Pennsylvania, on a certificate of division in opinion between the judges thereof.
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This case came up from the Circuit Court of the United States for the Eastern District of Pennsylvania, on a certificate of division in opinion between the judges thereof. It was an action brought by Fleming and Marshall against Page, collector of the port of Philadelphia, in one of the State courts of Pennsylvania, in 1847, to recover back certain duties on goods, wares, and merchandise, imported into the port of Philadelphia from Tampico, in Mexico, in March and June of that year. The case was afterwards, in 1848, taken into the Circuit Court of the United States for the -Eastern District…
1Opinion of the CourtChief Justice Taney
The question certified by the Circuit Court turns upon the construction of the act df Congress of July 30, 1846. ' The duties levied upon the cargo of the schooner Catharine were the duties imposed by this law-upon goods imported from a foreign country. And if at the. time of this shipment Tampico was not a foreign port within the meaning of the act of Congress, then the duties were illegally charged, and, having been paid under protest, the plaintiffs would be entitled to recover in this action the amount exacted by the collector.
The port of Tampico, at which the goods were shipped, and the…
2Cited by70 opinions
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- United States v. Wong Kim ArkSupreme Court of the United States · 1898
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