Smith v. Turner
Supreme Court of the United States
These were kindred cases, and were, argued together. They were both brought up to this court by writs of. error issued under the twenty-fifth section of the Judiciary Act; the case of Smith v. Turner being brought from the Court for the Trial of Impeachments and. Correction of Errors of the State of New York, and the case of Norris v. The City of Boston from the Supreme Judicial Court of Massachusetts.
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These were kindred cases, and were, argued together. They were both brought up to this court by writs of. error issued under the twenty-fifth section of the Judiciary Act; the case of Smith v. Turner being brought from the Court for the Trial of Impeachments and. Correction of Errors of the State of New York, and the case of Norris v. The City of Boston from the Supreme Judicial Court of Massachusetts. The opinions of. the justices of this court connect the two cases so closely, that the same course will be pursued in reporting them which was adopted in the License Cases. . Many of the…
1ConcurrenceCitron, J.
I concur with the foregoing opinion of Mr. Justice Grier. .
2Dissent · TaneyChief Justice Taney
Norris v. City of Boston, and Smith v. Turner.
I do not concur in the judgment of the. court in these two cases, and proceed to state the grounds on which I dissent.
The constitutionality of the laws of Massachusetts and New York in some respects depends upon the same principles. There are, however, different questions in the two cases, and. I shall make myself better understood by examining separately one of the cases, and then pointing out how far the same reasoning applies to the other, and in-what respect there is a difference…
Also in this document: Dissent · Daniel; Dissent · Nelson.
3Cases cited32 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
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