Day v. Gallup
Supreme Court of the United States
Tiie 25th section of the Judiciary Act provides that a final judgment in the highest court of law of á State, in which is drawn in question the. validity of an “ authority exercised under-the United States,” and the decision is against its validity, may be reviewed in this court. With this act in force, Gallup sued Derby & Day, Gear, and Allis, in a State court of Minnesota, in trespass, for taking and carrying away goods.
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Tiie 25th section of the Judiciary Act provides that a final judgment in the highest court of law of á State, in which is drawn in question the. validity of an “ authority exercised under-the United States,” and the decision is against its validity, may be reviewed in this court. With this act in force, Gallup sued Derby & Day, Gear, and Allis, in a State court of Minnesota, in trespass, for taking and carrying away goods. On the 1st April, 1860, the defendants justified under certain writs of attachment and execution, issued out of the Federal court for Minnesota, in a certain suit therein…
1Opinion of the CourtJustice Wayne
The dates in this case show that at the time Gallup’s suit was brought there was no case pending in the Federal court, respecting .tbe goods, which' had been attached under that court’s process, .on attachment. On the 18th of June, I860,' before a jury was sworn in the case, it was dismissed as to Gear, the marshal. On that day a jury was sworn, and on the 20th of the month they rUurned a verdict for Gallup, with interest and costs. In fact, it becomes plain that the defendants' did not then consider that there was any necessary connection between Gallup’s complaint and themselves on account…
2Cited by1 opinion
- Day v. GallupSupreme Court of the United States · 1865