Legal Opinion

Gelston v. Hoyt

Supreme Court of the United States

Decided February 27, 1818PublishedCited by 141 opinions

■ Errqs to tbe court fot the trial of impeachments attd correction of errors.of the State of New-York. This-cause had been removed into that court by the present plaintiffs in error, by writ of error directed to the supreme court of the said state.

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■ Errqs to tbe court fot the trial of impeachments attd correction of errors.of the State of New-York. This-cause had been removed into that court by the present plaintiffs in error, by writ of error directed to the supreme court of the said state. In January, 1816, the court of the state of New-York for the correction of errors in all things affirmed the judgment which had been rendered by the supreme court of the state of New-York, iu favour of Hoyt,, thé present defendant in error. And before the coming of the writ of, error issued from this court, the said court for the correction of…

1Opinion of the CourtJustice Story

This is a writ of error to the highest court o. law of the state of New-York; and the questions which are re-examinable upon the record in this *303court .are such only as. come within the p.urview of the 25th1 section of. the judiciary act of 1789, ch. 20.

Under thassih section of uta judiciary act ofl789.ch.S0 the writ ofer directed to any which the re mm<mta^Jrnf may **

But.a preliminary question, has been,made, which must be' discussed before proceeding to consider the merits of the cause.

It is contended that the record is not, and cannot be brought, before this court.. By the judicial System…

2Cases cited3 opinions

  1. Locke v. United StatesSupreme Court of the United States · 1813
  2. Rose v. HimelySupreme Court of the United States · 1808
  3. United States v. Brigantine MarsSupreme Court of the United States · 1814

3Cited by141 opinions

  1. United States v. StowellSupreme Court of the United States · 1890
  2. Collins v. VirginiaSupreme Court of the United States · 2018
  3. Jones v. United StatesSupreme Court of the United States · 1890
  4. Coffey v. United StatesSupreme Court of the United States · 1886
  5. Stacey v. EmerySupreme Court of the United States · 1878

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