Bryan v. Ker
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the validity of process of the District Court and the power and duty of the marshal thereunder, are stated in the opinion. The haurada was illegally detained by the collector. Section 5290, Rev. Stat., did not justify the detention.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the validity of process of the District Court and the power and duty of the marshal thereunder, are stated in the opinion. The haurada was illegally detained by the collector. Section 5290, Rev. Stat., did not justify the detention. The policy of the Government is not to make the private citizen bear the damage caused by an unlawful act of this nature; even if there was probable cause, or a direction of tne Secretary of the Treasury, or officer of the Government, which did not constitute due process of…
1Opinion of the CourtJustice Van Devanter
This was an action at law in the Circuit Court for the District of South Carolina, by a citizen of Pennsylvania' against a citizen of South Carolina, as collector of the port of Charleston, to recover damages for the alleged unlawful detention, from November 16 to December 5, 1895, of the American steamship Laurada, of which the plaintiff was the owner.
The answer admitted that the defendant, as such col-, lector, acting under instructions from the Secretary of the Treasury,- caused the vessel “to be formally detained by placing an inspector on board;” but alleged that the marshal for the…
2Cases cited11 opinions
- Miller v. TexasSupreme Court of the United States · 1894
- Stutsman County v. WallaceSupreme Court of the United States · 1892
- Erskine v. HohnbachSupreme Court of the United States · 1872
- Conner v. LongSupreme Court of the United States · 1881
- Ambler v. LeachWest Virginia Supreme Court · 1879
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3Cited by15 opinions
- Robert Donald Hodgdon v. United StatesCourt of Appeals for the Eighth Circuit · 1966
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- In the Matter of the Tax Indebtedness of Carolyn R. Campbell, Debtor. United States of America v. Fletcher J. CampbellCourt of Appeals for the Sixth Circuit · 1985
- Allen v. ClarkDistrict Court, S.D. California · 1938
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