Matthews v. Densmore
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This was a writ of error to the Supreme Court of the State ■ of Michigan. The plaintiff in error was marshal of the United States for the Eastern District of that State, and under a writ of attachment from the circuit court levied on a stock of goods which was the subject of controversy.
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IN ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This was a writ of error to the Supreme Court of the State ■ of Michigan. The plaintiff in error was marshal of the United States for the Eastern District of that State, and under a writ of attachment from the circuit court levied on a stock of goods which was the subject of controversy. The defendants in error, who were not the parties named in the writ of attachment, sued Matthews, the marshal, in trespass, on the ground that they were the owners of the goods, and that the goods were not liable, to the attachment under which the…
1Opinion of the CourtJustice Miller
After reciting the facts above stated, he continued:
The whole case turned on the trial in the local State1 court, as it did on the writ of error in the Supreme Court, which affirmed the judgment of the lower court, on the question of the validity of the -writ .of attachment in the hands of the marshal, and its sufficiency to protect him if the property seized under it was liable to be attached in that suit.
It is to be observed that this does not present a case where the validity of the writ is assailed by any proceeding in the court which issued it, either by a motion to set it aside as im…
2Cases cited4 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
3Cited by33 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Geneva Roland v. E.W. Phillips David Benjamin Lin HarrellCourt of Appeals for the Eleventh Circuit · 1994
- Jesse Engebretson v. Mike MahoneyCourt of Appeals for the Ninth Circuit · 2013
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Robert Donald Hodgdon v. United StatesCourt of Appeals for the Eighth Circuit · 1966
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