Cohens v. Virginia
Supreme Court of the United States
This was a writ of error to the Quarterly Session Court for the, borough of Norfolk, in the State of Virginia, under the 26th section of the judiciary act of 1789, c. 20. it being the highest Court of law or equity of that State having jurisdiction of the case.
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This was a writ of error to the Quarterly Session Court for the, borough of Norfolk, in the State of Virginia, under the 26th section of the judiciary act of 1789, c. 20. it being the highest Court of law or equity of that State having jurisdiction of the case. Pleas at the Court House of Norfolk borough, before the Mayor, Recorder, and Aldermen of the said borough, on Saturday, the second day of September, one thousand eight hundred and twenty, and in the forty-fifth year of the Commonwealth. Be it remembered, that heretofore, to wit: At a Quarterly Session Court, held the twenty-sixth day…
1Opinion of the Court
The opinion of the Court was delivered by
Mr, Chief Justice Marshall.
This case was stated in the opinion given on the motion fór dismissing the writ of error for want of jurisdiction in the Court. It now comes on to be decided on the question whether the Borough Court of Norfolk, in overruling the defence «et up under *441the act of Congress, has misconstrued that act. It is in these words:
The act qf Congress, em-pow~rah~. the Corpo~ion of the C~f~ of Washington to authoii~e the (lrswing of lot-ter~es~ c~oes not purpnr-t, and was not intend. ed, to author. ire the Corporation to force the sale of…
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