Legal Opinion

Amis v. Smith

Supreme Court of the United States

Decided March 12, 1842PublishedCited by 41 opinions

IN error to the District Court' of the United States for the northern district of Mississippi. In an action on a certificate of deposit, instituted on the 7th ofi November, 1839, by the defendant in error, Nathan Smith, in the District Court ofi the United States for the northern district of Mississippi, against the plaintiff in error, with- others, who were the surviving partners in the Real Estate Bank of Colunjbus, Mississippi ; the plaintiff obtained a judgment by…

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IN error to the District Court' of the United States for the northern district of Mississippi. In an action on a certificate of deposit, instituted on the 7th ofi November, 1839, by the defendant in error, Nathan Smith, in the District Court ofi the United States for the northern district of Mississippi, against the plaintiff in error, with- others, who were the surviving partners in the Real Estate Bank of Colunjbus, Mississippi ; the plaintiff obtained a judgment by default against all the defendants except Daniel W. Wright, who had .been sued with them as one of the partners. -All the…

1Opinion of the CourtJustice M'Kinley

This is a writ of error to" the District Court of the United States for the'southern district of Mississippi, exercising Circuit Court powers.

Smith brought an action of assumpsit against Amis and others, surviving .partners of the Real Estate Banking Company, of Columbus, Mississippi, founded upon their certificate of deposit. All the defendants joined in a plea of non-assumpsit; and Wright, one of them, afterwards pleaded the same plea -separately. At the trial, all 'the defendants, except Wright, Withdrew their plea, and permitted judgment to go against them by nil dicit, for the sum of two…

2Cases cited2 opinions

  1. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  2. Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832

3Cited by41 opinions

  1. Harris v. HardemanSupreme Court of the United States · 1853
  2. United States v. VerdierSupreme Court of the United States · 1896
  3. Loeber v. SchroederSupreme Court of the United States · 1893
  4. Pollard v. CockeSupreme Court of Alabama · 1851
  5. Blair v. DurhamCourt of Appeals for the Sixth Circuit · 1943

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