Saltonstall v. Russell
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE • DISTRICT OF MASSACHUSETTS. This was an action, brought May 15, 1888, against the collector of customs for the port of Boston and Charlestown, to recover back duties exacted by him, and paid under protest, upon blueberries imported by the plaintiffs from New Brunswick. No answer w,as filed.
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE • DISTRICT OF MASSACHUSETTS. This was an action, brought May 15, 1888, against the collector of customs for the port of Boston and Charlestown, to recover back duties exacted by him, and paid under protest, upon blueberries imported by the plaintiffs from New Brunswick. No answer w,as filed. But the case was submitted to the decision of the Circuit Court upon a statement of facts, in which it was.agreed that the regulations of the Treasury Department might be referred to, and that the court might enter judgment as the law required upon…
1Opinion of the CourtJustice Gram
The case having been submitted to the Circuit Court upon a statement of facts agreed by the parties, or case stated, upon which the court was to render such judgment as the law required, all questions of the sufficiency of the pleadings were waived, and the want of an answer was immaterial; and no finding of facts by the court was necessary. Willard v. Wood, 135 U. S. 309, 314; Bond v. Dustin, 112 U. S. 604, 607.
It is conceded that the duties complained of were illegal, in view of the decision of this, court in Oberteuffer v. Robertson, 116 U. S. 499; and that the only question in the case is…
2Cases cited17 opinions
- Nichols v. United StatesSupreme Court of the United States · 1869
- Bond v. DustinSupreme Court of the United States · 1884
- MEREDITH v. United StatesSupreme Court of the United States · 1839
- Robertson v. Frank Brothers Co.Supreme Court of the United States · 1889
- Willard v. WoodSupreme Court of the United States · 1890
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3Cited by19 opinions
- Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
- Menger v. WardTexas Supreme Court · 1895
- Big Diamond Mills Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
- Cities Service Oil Company v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1932
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