Davis v. Packard
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Davis was sued in the supreme court on a recognisance of bail entered into by him in a suit of the plaintiffs against T. Hill impleaded, &c.; he pleaded nil debet, and several other pleas to the merits, on all of which issues were joined, a verdict found for the plaintiffs, and judgment rendered in their favor.
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Error from the supreme court. Davis was sued in the supreme court on a recognisance of bail entered into by him in a suit of the plaintiffs against T. Hill impleaded, &c.; he pleaded nil debet, and several other pleas to the merits, on all of which issues were joined, a verdict found for the plaintiffs, and judgment rendered in their favor. Davis removed the record into this court by writ of error, and assigned for error, that before, and at the time of the commencement of the suit against him,, he was, and ever since had continued to be consul-general of the king of Saxony, in the United…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
The plaintiff in error assigns a matter of fact, which he supposes sufficient to show a total want of jurisdiction in the supreme court, for the purpose of obtaining a reversal of the judgment rendered by that court. He alleges that at the time of the commencement of the suit against him on the recognizance of bail, he was consul gene*330ral of the king of Saxony, and was therefore suable only in the federal courts. By pleading in millo est erratum, the defendants in error admit the truth of the fact assigned for error, if it is such a matter…
2Cases cited2 opinions
- Wetmore v. PlantSupreme Court of Connecticut · 1825
- Bobyshall v. OppenheimerU.S. Circuit Court for the District of Pennsylvania · 1824
3Cited by20 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Shumway v. StillmanNew York Supreme Court · 1831
- Adler v. StateSupreme Court of Arkansas · 1880
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Wood v. ComanSupreme Court of Alabama · 1876
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