Latham's & Deming's Appeals
Supreme Court of the United States
These were two appeals from the Court of Claims, in suits against the United States. They had been passed at forme terms, and early at this one.
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These were two appeals from the Court of Claims, in suits against the United States. They had been passed at forme terms, and early at this one. It being alleged by Mr. Hoar, Attorney-General, that they involved a question of public interest — to wit, the legal tender question — which he desired, for some reasons which he stated, to have passed on anew, he asked the court to fix a day at this term for argument upon them, it being stated by him that it was, in his opinion, most desirable that the matter should not be postponed to the next term. After opposition and some delays by Messrs.…
1Opinion of the Court
An appellant has a right to have his appeal dismissed notwithstanding the opposition of the other side.
After some conference on the bench, where the judges did not seem to be entirety unanimous, the court withdrew for consultation. On their return, the CHIEF JUSTICE announced it as the unanimous judgment of the court that the appellants had a right to have their appeals dismissed, and they were both dismissed accordingly.
The Legal Tender Case, 8 Wallace, 603.
2Cited by1 opinion
- Latham's and Deming's AppealsSupreme Court of the United States · 1870