Legal Opinion

McLaughlin v. Swann

Supreme Court of the United States

Decided February 18, 1856PublishedCited by 8 opinions

. This case was brought up by writ of error from the circuit court of the United States, for the District of Maryland. The case is stated in the opinion of the court.

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. This case was brought up by writ of error from the circuit court of the United States, for the District of Maryland. The case is stated in the opinion of the court. The instructions given by the circuit court to the jury, and which were excepted to by the plaintiff, were as follows:— And the court directed the jury that the plaintiff was not entitled to recover, and their verdict must be for the defendants: ■ 1. Because' the rights of the parties claiming as céstui que trusts, under the deed of April 15, 1840, and the rights of those claiming an interest in the surplus after the cestui que…

1Opinion of the CourtJustice Curtis

delivered the opinion of the court. •

This is a writ.of error to the circuit court of the United' States for the district of Maryland.

The plaintiff in error having recovered a judgment in' that court against the Chesapeake and Ohio Canal Company, sued out a ;writ of foreign attachment against the lands- and tenements, goods, chattels, and credits of that company, and on the 4th day of June, 1841, it was laid in the hands of James Swann and John S. Gittings. The garnishees having appeared and answered certain interrogatories, pleaded that at the time of laying the attachment they had not any…

2Cases cited3 opinions

  1. Hathaway v. RussellMassachusetts Supreme Judicial Court · 1820
  2. Wanzer v. Bennett R.Supreme Court of the United States · 1855
  3. Taylor v. GardnerU.S. Circuit Court for the District of Pennsylvania · 1811

3Cited by8 opinions

  1. Reed v. BloomDistrict Court, W.D. Oklahoma · 1936
  2. Central R. R. & Banking Co. v. Georgia Construction & Investment Co.Supreme Court of South Carolina · 1890
  3. Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
  4. Field v. SammisNew Mexico Supreme Court · 1903
  5. Gilbert v. QuimbyU.S. Circuit Court for the District of Southern New York · 1880

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