Legal Opinion

Day v. Gallup

Supreme Court of the United States

Decided February 13, 1865PublishedCited by 7 opinions

1Opinion of the Court

69 U.S. 97

17 L.Ed. 855

2 Wall. 97

DAY

v.

GALLUP.

December Term, 1864

THE 25th section of the Judiciary Act provides that a final judgment in the highest court of law of a State, in which is drawn in question the validity of an 'authority exercised under the United States,' and the decision is against its validity, may be reviewed in this court. With this act in force, Gallup sued Derby & Day, Gear, and Allis, in a State court of Minnesota, in trespass, for taking and carrying away goods. On the 1st April, 1860, the defendants justified under certain writs of attachment and execution, issued out of…

2Cases cited3 opinions

  1. Smith v. McIverSupreme Court of the United States · 1824
  2. Slocum v. MayberrySupreme Court of the United States · 1817
  3. Day v. GallupSupreme Court of the United States · 1864

3Cited by7 opinions

  1. O'Neil v. VermontSupreme Court of the United States · 1892
  2. Lammon v. FeusierSupreme Court of the United States · 1884
  3. State ex rel. Robertson v. HopeSupreme Court of Missouri · 1885
  4. Reichert v. Jerome H. Sheip, Inc.Supreme Court of Alabama · 1921
  5. Avery v. PopperSupreme Court of the United States · 1900

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