Bennett v. Butterworth
Supreme Court of the United States
This ease was brought up, by writ of error, from the District Court of the United States for the District of Texas. In 1848, Butterworth filed the following petition against Bennett: — “ To the Honorable J. C. Watrous, Judge of the District Court of the United States for the District of the State of Texas, and which court has also Circuit Court powers.
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This ease was brought up, by writ of error, from the District Court of the United States for the District of Texas. In 1848, Butterworth filed the following petition against Bennett: — “ To the Honorable J. C. Watrous, Judge of the District Court of the United States for the District of the State of Texas, and which court has also Circuit Court powers. “ The petition of Samuel F. Butterworth, who is a, citizen of the State of New York, against John H. Bennett, who is a Citizen of the State of Texas, would respectfully represent unto your honor, that heretofore, viz. on the day of March, 1846,…
1Opinion of the CourtChief Justice Taney
This is a writ of error to the District Court of the United States for the District of Texas.
The common law has been adopted in Texas, but the forms and rules of pleading in common law cases have been abolished, and the parties are at liberty to. set out their respective claims and defences in any form that will bring them before the court. And as there is no distinction in its courts between cases at law and equity, it has been insisted in this case, on behalf of the defendant in error, that this court may regard the plaintiff’s petition either as a declaration at law or as a bill in equity.
W…
2Cited by71 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Scott v. NeelySupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Baldwin Const. Co. v. ESSEX COUNTY BD. OF TAXATION AND CITY OF EAST ORANGESupreme Court of New Jersey · 1954
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