Legal Opinion

Corfield v. Coryell

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided April 15, 1823PublishedCited by 213 opinions

This was an action of trespass for seizing, taking and carrying away, and converting to the defendant’s use, a certain vessel, the property of the plaintiff, called the Hiram. Plea not guilty, with leave to justify. The case, as proved at the trial, was as follows: The plaintiff purchased the Hiram from one De Silver, in February 1819, and ■obtained a bill of sale of her, which, with her coasting license, was on board at the time of the alleged trespass.

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This was an action of trespass for seizing, taking and carrying away, and converting to the defendant’s use, a certain vessel, the property of the plaintiff, called the Hiram. Plea not guilty, with leave to justify. The case, as proved at the trial, was as follows: The plaintiff purchased the Hiram from one De Silver, in February 1819, and ■obtained a bill of sale of her, which, with her coasting license, was on board at the time of the alleged trespass. The plaintiff hired the Hiram to one Hand, but for how long a time, or upon what terms, did not appear. Hand hired her to John Keene for $10…

1Opinion of the Court

WASHINGTON, Circuit Justice.

We know of no such distinction as conclusive and pri-ma facie record evidence; the one under the act of congress, and the other at common law. Unless the record be authenticated in the manner prescribed by the act of congress, it cannot be read in evidence, for any purpose whatever.

The counsel for the plaintiff contended:

1. That the right of fishing in the bed of the public waters of the state is common to all the citizens of the state, and cannot be restrained, as it is by this act. Arnold v. Mundy, Hals. [6 N. J. Law] 68. Agreeably to this decision, it is…

2Cases cited5 opinions

  1. Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
  2. Van Brunt v. SchenckNew York Supreme Court · 1814
  3. Robert v. LockwoodSupreme Court of Connecticut · 1811
  4. Ogden v. GibbonsNew York Court of Chancery · 1819
  5. Carter v. SimpsonNew York Supreme Court · 1811

3Cited by213 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
  4. Twining v. New JerseySupreme Court of the United States · 1908
  5. Hess v. PawloskiSupreme Court of the United States · 1927

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