The Argo
Supreme Court of the United States
Appeal from the circuit court for the district 'of Massachusetts. This was an information for a violation of the non-importation acts.
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Appeal from the circuit court for the district 'of Massachusetts. This was an information for a violation of the non-importation acts. On the part of the appellants it was alleged, that the vessel, (which sailed from Portland, in the District of Maine, in April, 1813, and returned to that port, laden , with a cargo of molasses, in the month of August, of the same year,) instead of going to Cumana, her ostensible port of destination, had proceeded to Guadaloupe, then a British possession, and there took in her cargo. This was the sole question of fact in the cause; on which the court below…
1Opinion of the CourtChief Justice Marshall
On considering the 30th section of the judiciary act of 1789, the court is of opinion that the proviSion, as to taking depositions ae bene esse, does not apply to cases pending in this court. In terms, the provision refers to cases in the district and circuit courts. Testimony, by depositions, can be regu-: larly taken for this court only under a commission issuing according to its rules. A practice has hir therto prevailed tó take depositions de bene esse in causes pending here, and, as no objection has been made at the bar, it has passed sub silentio. Under such circumstances we cannot say…
2Cited by6 opinions
- In RE WHITE v. RhayWashington Supreme Court · 1965
- J. T. Lunn Co. v. CameronCourt of Appeals for the Fifth Circuit · 1893
- Richter v. JeromeU.S. Circuit Court for the District of Eastern Michigan · 1885
- Stegner v. BlakeUnited States Circuit Court · 1888
- In RE WHITE v. RhayWashington Supreme Court · 1965
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