United States v. Morris
Supreme Court of the United States
ERROR to the Circuit Court for the Southern District of New-York. This was an action brought against the defendant, in the Court below, as Marshal of the Southern District of New-York, for a'misfeasance in neglecting to proceed on a venditioni ex-ponas issued out of the District Court of the United States for the District of Maine,, requiring him to sell the goods and chattels, of Andrew Ogden, Abraham K. Smedes, and Thomas C. Butler, which he had levied upon by virtue of…
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ERROR to the Circuit Court for the Southern District of New-York. This was an action brought against the defendant, in the Court below, as Marshal of the Southern District of New-York, for a'misfeasance in neglecting to proceed on a venditioni ex-ponas issued out of the District Court of the United States for the District of Maine,, requiring him to sell the goods and chattels, of Andrew Ogden, Abraham K. Smedes, and Thomas C. Butler, which he had levied upon by virtue of certain executions issued against.them, in favour of the United States, on a judgment recovered in the said District Court…
1Opinion of the CourtJustice Thompson
delivered the opinion of the Court, and after stating the case, proceeded as follows.:
The judgment of this Court being placed upon the validity of the plea, and the merits of the defence therein setup, it is unnecessary, cülarly to notice any other questions that have been discussed at the bar. To guard, however, against an inference, not intended by the Court to be admitted, that the execution, in this was properly issued from the District Court of Maine to the Marshal of New-York, it is proper to obsex-ve, that this must depend on the construction to be given to the act of Congréss of the…
2Cases cited1 opinion
- Jones v. Shore'sSupreme Court of the United States · 1816
3Cited by61 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Confiscation CasesSupreme Court of the United States · 1869
- United States v. Heinszen & Co.Supreme Court of the United States · 1907
- Marvin v. TroutSupreme Court of the United States · 1905
- Texas & New Orleans Railroad v. MillerSupreme Court of the United States · 1911
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