Legal Opinion

United States v. Dickinson

Supreme Court of the United States

Decided April 5, 1909No. 362PublishedCited by 22 opinions

CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE FIRST circuit; The facts are stated in the opinión. This court has power under the' Judiciary Act of 17$9, “to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law,” and that includes the right to issue writs of certiorari in all proper cases.

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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE FIRST circuit; The facts are stated in the opinión. This court has power under the' Judiciary Act of 17$9, “to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law,” and that includes the right to issue writs of certiorari in all proper cases. In re Chetwood, 165 U. S. 443, 462. The writ of certiorari, under the Federal Constitution and statutes, is strictly the common law writ of that name with all its functions…

1Opinion of the CourtChief Justice Fullee

Dickinson and one Foster were jointly indicted under § 5209. of the Revised Statutes of the United States, which is a part of the National Bank Act. Foster, the principal defendant, was cashier of the South Danvers National Bank, and was charged with willfully misapplying the funds of the bank, and Dickinson was charged with aiding and abetting. Both having been convicted, Dickinson sued out a writ of error from the Circuit. Court of Appeals for the First Circuit, and after argument that court held his conviction invalid by reason of the fact that the verdict against him was found by a jury…

2Cases cited20 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte YarbroughSupreme Court of the United States · 1884
  3. The Paquete HabanaSupreme Court of the United States · 1899
  4. United States v. SangesSupreme Court of the United States · 1892
  5. In Re ChetwoodSupreme Court of the United States · 1897

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3Cited by22 opinions

  1. Singer v. United StatesSupreme Court of the United States · 1965
  2. DiBella v. United StatesSupreme Court of the United States · 1962
  3. United States v. SissonSupreme Court of the United States · 1970
  4. Carroll v. United StatesSupreme Court of the United States · 1957
  5. State v. MorenoCourt of Criminal Appeals of Texas · 1991

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