D. M. Ferry & Co. v. United States
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of tbe United States for tbe Eastern District of Michigan. This is a proceeding in error to review a judgment of tbe circuit court sustaining a demurrer to tbe petition of tbe plaintiff and dismissing tbe same. The petition was filed under the act of March 8, 1887, which provides for the bringing of suits against the United States.
Read the full summary
In Error to the Circuit Court of tbe United States for tbe Eastern District of Michigan. This is a proceeding in error to review a judgment of tbe circuit court sustaining a demurrer to tbe petition of tbe plaintiff and dismissing tbe same. The petition was filed under the act of March 8, 1887, which provides for the bringing of suits against the United States. The petition set forth: That the plaintiff, D. M. Ferry & Co., was a corporation organized under the laws of the state of Michigan. That it imported through the port, of Detroit 996 packages of seeds, on which the estimated duty was…
1Opinion of the CourtTaft, Circuit Judge
The judgment of the circuit court must be affirmed on two grounds: First, because the court below had no jurisdiction of the petition on the facts stated therein; and, second, because, even if the cause of action stated in the petition was within the jurisdiction of the court, neither section 2984 nor any other statute gave the petitioner the right, under the circumstances stated, to recover back the duties which he had paid.
1. The act of March 3, 1887, entitled “An act to provide for the bringing of suits against the government of the United States,” by its first section vests the court of…
2Cases cited7 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Decatur v. PauldingSupreme Court of the United States · 1840
- Nichols v. United StatesSupreme Court of the United States · 1869
- United States v. KaufmanSupreme Court of the United States · 1878
- Campbell v. United StatesSupreme Court of the United States · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
- Houlder v. United StatesCourt of Customs and Patent Appeals · 1913
- H. Z. Bernstein Co. v. United StatesUnited States Customs Court · 1958
- United States v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1905
7 more not listed; retrieve them via the Exa API.