Evans v. Gee
Supreme Court of the United States
IN error to the Circuit Court of the United States for the Southern District of Alabama. In the Circuit Court- of Alabama, an action was instituted by Sterling H. Gee, the defendant in error, against Thomas Evans, on a bill of exchange drawn by Harris G. Evans in favour of Thomas Evans, on George M. Rives of Mobile, for five thousand three -hundred' and fifty dollars, dated 16th December, 1834, due twelve months after date, negotiable and payable at the office, of discount…
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IN error to the Circuit Court of the United States for the Southern District of Alabama. In the Circuit Court- of Alabama, an action was instituted by Sterling H. Gee, the defendant in error, against Thomas Evans, on a bill of exchange drawn by Harris G. Evans in favour of Thomas Evans, on George M. Rives of Mobile, for five thousand three -hundred' and fifty dollars, dated 16th December, 1834, due twelve months after date, negotiable and payable at the office, of discount and deposite of the Branch Bank of the United States at Mobile; for value received; and protested for non-acceptance. The…
1Opinion of the Court
Mv. Justice Catron
delivered the opinion of the Court.
The- principal matters appearing -in the record are not now open to-investigation, being the same adjudged of by this Court-in 1837; the report of which is found in 11 Peters, 81.
Theoriginal judgment against Thomas Evans was rendered atMay term, 1836." No execution seems-to have issued until 16th March, 1S38, when one was taken out bearing teste the s.econd Monday of October, 1837, and returnable the second Monday of April, 1838.
Nothing appears in the record showing that Thomas Evans was dead, save an affidavit of one of his sons, and the…
2Cited by18 opinions
- Hager v. WeberSupreme Court of New Jersey · 1951
- Loeber v. SchroederSupreme Court of the United States · 1893
- Stokes v. Van SeventerAlaska Supreme Court · 1960
- Glinski v. United StatesCourt of Appeals for the Seventh Circuit · 1937
- Barnett v. ConklinCourt of Appeals for the Eighth Circuit · 1920
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