United States v. Wonson
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] This action was debt for a penalty incurred under the 3d section of the embargo supplementary act, Jan. 9, 1808, c. 8 [2 Stat. 453]. The defendant [Samuel Wonson, Jr.] pleaded in the district court, the general issue, nil debet; upon which issue was joined, and a verdict was found for the defendant; upon which the district court gave judgment for the defendant [case unreported], and the…
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[Appeal from the district court of the United States for the district of Massachusetts.] This action was debt for a penalty incurred under the 3d section of the embargo supplementary act, Jan. 9, 1808, c. 8 [2 Stat. 453]. The defendant [Samuel Wonson, Jr.] pleaded in the district court, the general issue, nil debet; upon which issue was joined, and a verdict was found for the defendant; upon which the district court gave judgment for the defendant [case unreported], and the United States filed an appeal to this court. And now at this term two questions were made.
1Opinion of the CourtStory, Circuit Justice
(the District Judge not sitting in the cause), after stating the facts, said:
Two questions have been argued: (1) Whether this action, being a common law suit, can be brought before this court by appeal, or ought not to be by writ of error. (2) Supposing the action rightfully before the court, whether the facts are again to be submitted to a jury in this court, or the appeal submits questions of law only for the consideration of the court.
By the judiciary act of 1789, c. 20, § 21 [1 Story’s Laws, 61; 1 Stat. 83, c. 20], an appeal is given from the district court to the circuit court from final…
2Cases cited4 opinions
- Doe v. Registrar of Motor VehiclesMassachusetts Superior Court · 1993
- Lessee of M'Clemmons v. GrahamSupreme Court of Pennsylvania · 1810
- Barletta Co. v. City of LeominsterMassachusetts Superior Court · 1993
- Commercial Union Insurance v. WatsonMassachusetts Superior Court · 1993
3Cited by57 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Ex Parte PetersonSupreme Court of the United States · 1920
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Powers v. City of RichmondCalifornia Supreme Court · 1995
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