Legal Opinion

Martin v. Thomas Ex Rel. Rogers

Supreme Court of the United States

Decided February 18, 1861PublishedCited by 15 opinions

This case was brought up by writ of error'from the District Court of the United States for the district of Wisconsin. The facts of the case are stated in the opinion of the court.

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This case was brought up by writ of error'from the District Court of the United States for the district of Wisconsin. The facts of the case are stated in the opinion of the court. The counsel for the plaintiffs in error made the following points: I. The bond- upon which judgment was recovered was invalid as against the defendants, because.after the satne was' executed by them as sureties, Remington, their principál, without their knowledge: or consent,, and with the consent of the marshal, erased his name from the bond. Hunt’s Adm. v. Adams, 6 Mass., 521. ' Speake et al. v. U.. S'., 9 Cranch,…

1Opinion of the CourtJustice McLEAN

This is a writ of error to the district court of the United States for the district of Wisconsin.

The action was replevin; the pleadings being, filed, a jury was called, who rendered a verdict in damagés for nine thou- " sand seven ‘hundred and eighty dollars and ninety-six cents, with costs.

In the course of the trial a bill of exceptions was filed, on which the questions of law were raised. Be it remembered,, that at the trial of-the above-entitled action, the plaintiff produced au instrument in writing in the words and figures, and with interlineations and erasures following, to wit:

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2Cases cited1 opinion

  1. Miller v. StewartSupreme Court of the United States · 1824

3Cited by15 opinions

  1. United States v. American Bonding & Trust Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1898
  2. Mersman v. WergesSupreme Court of the United States · 1884
  3. Stern v. SawyerSupreme Court of Vermont · 1905
  4. United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
  5. First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899

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