Legal Opinion

The Insurance Company of the Valley of Virginia, in Error v. Moses C. Mordecai

Supreme Court of the United States

Decided January 31, 1859PublishedCited by 9 opinions

This case was brought up by writ of error from the Circuit Court of the United States, for the western district of Virginia.

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This case was brought up by writ of error from the Circuit Court of the United States, for the western district of Virginia. It was an action of debt, brought by Mordecai, (a citizen of South Carolina,) upon a judgment which he had obtained against the insurance company, in the Circuit Court of the United States for the district of South Carolina. •'A judgment ■ was given also for Mordecai in the Circuit Court of Virginia, from which the insurance company sued out a writ of error in October, 1858, which was made returnable to this court on the “ second Monday in January next,” (being the…

1Opinion of the CourtChief Justice Taney

The defendant in error, on the 8th of October, 1858, obtained a judgment against the plaintiffs in error in the District Court of the United States for. the western district of Virginia.

Oil the 18th. of the same month, this writ of error was sued out, and .made returnable on the second Monday in January-then next ensuing — in other words, it was made returnable on the second Monday in January, in the present term of this eourt; and the defendant in error was cited to appear here on that day. ' ’

A motion has been made to dismiss the case, upon the ’ ground that, in order to bring the judgment…

2Cases cited4 opinions

  1. Mossman, Surviving in Error v. Higginson, Surviving Partner, in ErrorSupreme Court of the United States · 1800
  2. Wood v. LideSupreme Court of the United States · 1807
  3. Blackwell v. Patten and OthersSupreme Court of the United States · 1812
  4. Hamilton v. MooreSupreme Court of the United States · 1797

3Cited by9 opinions

  1. Woolridge v. McKennaUnited States Circuit Court · 1881
  2. Walton v. Marietta Chair Co.Supreme Court of the United States · 1895
  3. Sammis v. WightmanSupreme Court of Florida · 1889
  4. Farmers' Loan & Trust Co. v. Chicago & N. P. R.Court of Appeals for the Seventh Circuit · 1896
  5. West v. IrwinCourt of Appeals for the Seventh Circuit · 1893

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