United States v. Gurney and Others
Supreme Court of the United States
This case was certified from the Circuit Court for the district of Pennsylvania, the judges of that court being divided in opinion upon the question, whether, upon the state of the pleadings, the judgment ought to be rendered for the plaintiffs ?1 It was an action brought by the United States against Gurney and others, upon a bond conditioned to comply with a certain written agreement between them and the secretary of the treasury of the United States, of the same date, “to…
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This case was certified from the Circuit Court for the district of Pennsylvania, the judges of that court being divided in opinion upon the question, whether, upon the state of the pleadings, the judgment ought to be rendered for the plaintiffs ?1 It was an action brought by the United States against Gurney and others, upon a bond conditioned to comply with a certain written agreement between them and the secretary of the treasury of the United States, of the same date, “to pay the sum of 500,000 guilders, at Amsterdam,” “in the manner and form, and on or before the particular days and times…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court as follows, viz : — This case comes on upon a special demurrer to a replication filed by the plaintiffs to a plea of payment after the day. The replication is double, and consequently ill. But it is a known rule, that a demurrer brings all the pleadings before the court; in consequence of which, judgment must be rendered against him who has committed the first fault; or, which will most generally produce the same result, for him who, upon the whole record, shall appear to be entitled to their judgment. It, therefore, becomes necessary, to…
2Cases cited1 opinion
3Cited by25 opinions
- The Firestone Tire & Rubber Company v. The United StatesUnited States Court of Claims · 1971
- Donnell v. JonesSupreme Court of Alabama · 1848
- Barrow v. RichardNew York Court of Chancery · 1840
- State v. CrockerWyoming Supreme Court · 1895
- Jones v. CarnahanIndiana Supreme Court · 1878
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