Legal Opinion

Freeman v. Howe

Supreme Court of the United States

Decided March 14, 1861PublishedCited by 337 opinions

This case was brought'up from the Supreme Judicial Court of the Commonwealth of Massachusetts within and for the county of Middlesex, by a writ of error issued under the 25th section of the Judiciary act: The case is stated in the" opinion of the court. The Counsel on both sides appeared to consider that the whole proceedings of the State court were open to revision by this court, and therefore discussed many points relating to the validity of the mortgage, attachment, &c.

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This case was brought'up from the Supreme Judicial Court of the Commonwealth of Massachusetts within and for the county of Middlesex, by a writ of error issued under the 25th section of the Judiciary act: The case is stated in the" opinion of the court. The Counsel on both sides appeared to consider that the whole proceedings of the State court were open to revision by this court, and therefore discussed many points relating to the validity of the mortgage, attachment, &c. Their notice of the clashing of jurisdiction by the two sets of courts was'as follows. The counsel, for the plaintiff in…

1Opinion of the CourtJustice Nelson

This. is a writ of error to the Supreme Court of Massachusetts. ;

The case -was this: Selden F. White, of the, State of New Hampshire, in 1856 instituted .a suit in the Circuit Court of the United States for the district of Massachusetts, against the' Vermont and Massachusetts Railroad Company, a corporation under the laws of Massachusetts, to recover certain demands claimed against the defendants. The suit was commenced in the usual way, by process of attachment and summons. Freeman, the marshal, and plaintiff in error, to whom the processes were delivered, attached a number of. railroad…

2Cases cited5 opinions

  1. Ableman v. BoothSupreme Court of the United States · 1859
  2. United States v. PetersSupreme Court of the United States · 1809
  3. Clarke v. MathewsonSupreme Court of the United States · 1838
  4. Pennock v. CoeSupreme Court of the United States · 1860
  5. Logan v. PatrickSupreme Court of the United States · 1809

3Cited by337 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Mitchum v. FosterSupreme Court of the United States · 1972
  4. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  5. Aldinger v. HowardSupreme Court of the United States · 1976

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