Legal Opinion

Porter Ads. United States

U.S. Circuit Court for the District of Southern New York

Decided July 1, 1877No. Case No. 11,290PublishedCited by 4 opinions

[This was a proceeding by the United States against Peter B. Porter.]

1Opinion of the Court

BETTS, District Judge.

The fourth section of the act of May 15, 1S20, presenting the mode of relief against a treasury warrant of distress, authorizes the party aggrieved “to prefer a bill of complaint to any district judge of the United States,” and the judge “thereupon” to grant an injunction. It is intended that the authorization in this respect is to the judge as an individual, and not a power conferred upon the court. I think that interpretation will not satisfy all the provisions of the act. Manifestly, an act of the court is contemplated, in awarding judgment against the complainant,…

2Cases cited26 opinions

  1. Tripp v. CookNew York Supreme Court · 1841
  2. Atkinson v. ManksNew York Supreme Court · 1823
  3. Dunn v. DunnNew York Court of Chancery · 1834
  4. Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
  5. M'Credie v. E. & R. SeniorNew York Court of Chancery · 1834

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3Cited by4 opinions

  1. United StatesSupreme Court of the United States · 1904
  2. State Ex Rel. Newkirk v. Sullivan Circuit CourtIndiana Supreme Court · 1949
  3. United StatesSupreme Court of the United States · 1904
  4. Norton v. HoodU.S. Circuit Court for the District of Eastern Louisiana · 1882

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