Legal Opinion

State v. Primrose

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 3 opinions

On points novel and difficult, from the Circuit, Court of Mobile. ■ THE defendant was indicted in the Court below, for a libel, and pleaded in abatement, that one of the grand jurors, by whom the bill of indictment was. found, was not -a citizen of the United States, but was an alien, and a subject.of the Queen of Great Britain. ' Isstie being taken on the plea, it appeared in evidence, that the jnror was born in Ireland, and came to the United States, in the year one…

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On points novel and difficult, from the Circuit, Court of Mobile. ■ THE defendant was indicted in the Court below, for a libel, and pleaded in abatement, that one of the grand jurors, by whom the bill of indictment was. found, was not -a citizen of the United States, but was an alien, and a subject.of the Queen of Great Britain. ' Isstie being taken on the plea, it appeared in evidence, that the jnror was born in Ireland, and came to the United States, in the year one thousand eight hundred and nine, being then over.the age of twenty-one, and came to Louisiana, in the year one thousand eight…

1Opinion of the CourtOrmond, J.

The question to be determined is, whether the fact, that a person was an inhabitant of the Territory of Louisiana, previous to its admission into the Union, by virtue of the act of Congress of the 20th February, 1811, will constitute such person a citizen of the United States. This act, which was to enable “the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States,” authorizes the “ inhabitants” of the Territory to form for themselves a constitution and State government,…

2Cases cited1 opinion

  1. Lyle v. ForemanSupreme Court of the United States · 1789

3Cited by3 opinions

  1. Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
  2. State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
  3. State ex rel. Thayer v. BoydNebraska Supreme Court · 1891

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