Legal Opinion

Brooks v. Marbury

Supreme Court of the United States

Decided February 20, 1826PublishedCited by 138 opinions

ERROR to the Circuit Court for the District of Columbia. This is the same case which is reported ante, vol. VII. p. 556. The judgment of the Court below was then reversed, and a venire de novo awarded.

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ERROR to the Circuit Court for the District of Columbia. This is the same case which is reported ante, vol. VII. p. 556. The judgment of the Court below was then reversed, and a venire de novo awarded. At the new trial, exceptions were taken to the instructions given by the Court to the jury ; and the cause having again been brought before this Court for revision, was argued by Mr. Jones and Mr. Coxe, for the plaintiff,a and by the Attorney General and Mr. Key, for the defendant.b

1Opinion of the CourtChief Justice Marshall

This case depends on the validity of a deed executed by Richard H. Fitzhugh on the 31st of December, 1319, purporting to convey to the defendant, for the use of certain enumerated creditors, his slaves, goods, and debts, which deed was recorded in the record book for the county in which the parties resided, on the 3d of January, 1820. Immediately after • executing this deed, the said Fitzhugh absconded; and on the 10th of February thereafter, the plaintiff sued out an attachment to attach his effects in the hands of the said Marbury. The garnishee denies that he has any effects of the said…

2Cases cited12 opinions

  1. Marbury v. BrooksSupreme Court of the United States · 1822
  2. Hendricks v. RobinsonNew York Court of Chancery · 1817
  3. Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
  4. Wilt v. FranklinSupreme Court of Pennsylvania · 1809
  5. Milne v. MoretonSupreme Court of Pennsylvania · 1814

7 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  2. Kalt v. YoungworthCalifornia Supreme Court · 1940
  3. State v. HolbrookOregon Supreme Court · 1920
  4. Tompkins v. WheelerSupreme Court of the United States · 1842
  5. Emerson v. SenterSupreme Court of the United States · 1886

133 more not listed; retrieve them via the Exa API.

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