Marbury v. Brooks
Supreme Court of the United States
Error to the Circuit Court for the District of Columbia. This was an attachment sued out by the defendant in error, Brooks, on the 10th February, 1820, to attach the lands, tenements, goods, chattels, and credits of Fitzhugh, an absconding debtor, pursuant to the act of Assembly of Maryland of November, 1795, ch. 56.; levied in the hands of the plaintiff in error, Marbury, who was duly summoned as garnishee, on the 11th February, 1820. The garnishee appeared and pleaded that…
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Error to the Circuit Court for the District of Columbia. This was an attachment sued out by the defendant in error, Brooks, on the 10th February, 1820, to attach the lands, tenements, goods, chattels, and credits of Fitzhugh, an absconding debtor, pursuant to the act of Assembly of Maryland of November, 1795, ch. 56.; levied in the hands of the plaintiff in error, Marbury, who was duly summoned as garnishee, on the 11th February, 1820. The garnishee appeared and pleaded that he had no effects, &c. of the absconding debtor in his hands, upon which an issue was joined and tried by a jury :…
1Opinion of the CourtChief Justice Marshall
This is a writ of error to a judgment rendered in the Circuit Court of the United States for the county of Washington. In the Circuit Court the controversy turned entirely on the validity of the deed of the 31st of Dec. 1819. The jury found against its validity, and the cause depends in this Court on the correctness of the instructions under which the verdict was found.
After the testimony was concluded, the plaintiff in the Circuit Court moved that Court to instruct the jury, that if they find from the evidence the facts which it was offered to prove, and which are stated at large in the bill…
2Cited by72 opinions
- Branzburg v. HayesSupreme Court of the United States · 1972
- Brooks v. MarburySupreme Court of the United States · 1826
- Pope v. StateCourt of Appeals of Maryland · 1979
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- United States v. Caraballo-RodriguezCourt of Appeals for the First Circuit · 2007
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