Dainese v. Hale
Supreme Court of the United States
Error to tbe Supreme Court of tbe District of Columbia. Tbis action was brought to recover tbe value:of certain goods, chattels, and credits of the plaintiff, which tbe defendant, in November, 1864, then being Consul-General of tbe United States in Egypt, caused to be attached.
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Error to tbe Supreme Court of tbe District of Columbia. Tbis action was brought to recover tbe value:of certain goods, chattels, and credits of the plaintiff, which tbe defendant, in November, 1864, then being Consul-General of tbe United States in Egypt, caused to be attached. Tbe declaration alleged that tbe defendant, by usurpation and abuse of bis power as' such consul-general, and for tbe malicious purpose of injuring tbe plaintiff, took cognizance of a certain controversy between the plaintiff and Richard H. and Anthony B. Allen (all being citizens of tbe United States, and none of…
1Opinion of the CourtJustice Bradley
The defendant, by his plea, asked the court to take judicial notice that his official character gave him the jurisdiction which he assumed to exercise. Could the court do this ? Can this court do it?
It cannot be contended that every consul, by virtue of his office, has power to exercise the judicial functions claimed by the defendant; for it is conceded that this is not the case in Christian countries. And whilst, on the ■ other side, it is also conceded that in Pagan and Mahometan .countries it is, usual for the ministers and consuls of European States to exercise judicial functions as…
2Cited by27 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Blackmer v. United StatesSupreme Court of the United States · 1932
- Hanley v. DonoghueSupreme Court of the United States · 1885
- In Re RossSupreme Court of the United States · 1891
- United States ex rel. Parravicino v. BrunswickCourt of Appeals for the D.C. Circuit · 1934
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