Legal Opinion

Gratiot v. United States

Supreme Court of the United States

Decided January 14, 1846PublishedCited by 51 opinions

This case was brought up by writ of error from the Circuit Court of the United States for the District of Missouri. It was the same case which was before this court at January, term, 1841, which is reported in 15 Peters, 336. Being sent back to the Circuit Court, it came up for trial, after sundry preliminary proceedings,which it is not important to state, on the 25th of April, 1843. On the trial, the United States produced and gave in evidence to the jury two transcripts…

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This case was brought up by writ of error from the Circuit Court of the United States for the District of Missouri. It was the same case which was before this court at January, term, 1841, which is reported in 15 Peters, 336. Being sent back to the Circuit Court, it came up for trial, after sundry preliminary proceedings,which it is not important to state, on the 25th of April, 1843. On the trial, the United States produced and gave in evidence to the jury two transcripts from the books and proceedings of the Treasury Department, which were the same as those produced upon the former trial. .…

1Opinion of the CourtJustice Wayne

This case is now before us upon exceptions, taken upon its trial in the Circuit Court, to the instructions which were given by the court, and such as it refused to give to the jury. We do not think them well-founded. When the instructions were given and refused, the only matters in controversy were items 1, 2, 3, 6, 7, 8, 14, 15, in General Gratiot’s set-off. The 4th, 9th, 10th, 12th items, and one half of the 11th, had been withdrawn, having been allowed in former settlements. The other half of 11, and the entire 5th item, were admitted by the district attorney, in the course of the trial,…

2Cases cited3 opinions

  1. United States v. MacDanielSupreme Court of the United States · 1833
  2. Gratiot v. United StatesSupreme Court of the United States · 1841
  3. United States v. WilkinsSupreme Court of the United States · 1821

3Cited by51 opinions

  1. United States v. GrimaudSupreme Court of the United States · 1911
  2. Standard Oil Co. of Cal. v. JohnsonSupreme Court of the United States · 1942
  3. Ex Parte ReedSupreme Court of the United States · 1879
  4. Glavey v. United StatesSupreme Court of the United States · 1901
  5. Givens v. ZerbstSupreme Court of the United States · 1921

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