Legal Opinion

United States v. Gabriel F. Irving

Supreme Court of the United States

Decided March 10, 1843PublishedCited by 37 opinions

This case came up from the Circuit Court for the southern district of New York, under a certificate of division in opinion between the judges of that court upon the two folio wing.points : • 1. Whether the transcript from the books and proceedings of the Treasury, given in evidence.on the part of the United States . to show the indebtedness of Swartwout on the 28th day of March, 1834, on which day the second term of office of said Swartwout expired,' was, in this case,…

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This case came up from the Circuit Court for the southern district of New York, under a certificate of division in opinion between the judges of that court upon the two folio wing.points : • 1. Whether the transcript from the books and proceedings of the Treasury, given in evidence.on the part of the United States . to show the indebtedness of Swartwout on the 28th day of March, 1834, on which day the second term of office of said Swartwout expired,' was, in this case, competent and legal evidence for that-purpose.. 2. Whether the payments made by said Samuel Swartwout subsequently to the…

1Opinion of the CourtJustice McLEAN

This action was commenced in the Circuit Court for the southern district of New York, against the sureties of Swartwout, late collector of the customs at that city.

Swartwout was appointed collector by the President, the 1st of May, 1829; and continued to serve under such appointment until.the 28th of March ensuing. ■ On the 29th March, 1830, his nomination was sanctioned by the Senate, and he continued to serve in the office of collector four years. On'the 29,th March; 1834, he wa§ again appointed .by the President arid Senate, for the term of four years.

Under each of the above appointments…

2Cases cited5 opinions

  1. United States v. NichollSupreme Court of the United States · 1827
  2. U. States v. January & PattersonSupreme Court of the United States · 1813
  3. U. States v. Giles & OthersSupreme Court of the United States · 1815
  4. The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
  5. The United States v. PattersonSupreme Court of the United States · 1813

3Cited by37 opinions

  1. Moses v. United StatesSupreme Court of the United States · 1897
  2. Westervelt v. MohrenstecherCourt of Appeals for the Eighth Circuit · 1896
  3. Henry County v. SalmonSupreme Court of Missouri · 1907
  4. Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
  5. Hoyt v. United StatesSupreme Court of the United States · 1850

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