Luther v. Borden
Supreme Court of the United States
These two cases came up from the Circuit .Court of the United States for the District of Rhode Island, the former by a •writ of error, and the latter by a certificate of division in opinion. As the allegations, evidence, and arguments were the same in both, it is necessary to state those only of the first. They were argued at the preceding term of the court, and held under advisement until the present.
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These two cases came up from the Circuit .Court of the United States for the District of Rhode Island, the former by a •writ of error, and the latter by a certificate of division in opinion. As the allegations, evidence, and arguments were the same in both, it is necessary to state those only of the first. They were argued at the preceding term of the court, and held under advisement until the present. Martin Luther, a citizen of the State of Massachusetts, brought an action of trespass, quare clausum fregit against the defendants, citizens of the. State of Rhode Island, for'breaking and…
1Opinion of the Court · TaneyChief Justice Taney
This case has arisen out of the unfortunate political differences which agitated the people of Rhode Island in 1841 and 1842.
It is an action of trespass brought by Martin Luther, the plaintiff in error, against Luther M. Borden and others, the defendants, in the Circuit Court of the United States for the District of Rhode Island, for breaking and entering the plaintiff’s house. The defendants justify upon the ground that large numbers of men were assembled in different parts of the State for the purpose of overthrowing the government' by military force, and were actually levying war upon the…
Also in this document: Opinion of the Court · Taney.
2Cases cited1 opinion
- Martin v. MottSupreme Court of the United States · 1827
3Cited by425 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Flast v. CohenSupreme Court of the United States · 1968
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Clinton v. JonesSupreme Court of the United States · 1997
- Massachusetts v. MellonSupreme Court of the United States · 1923
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