Legal Opinion

Barney v. Schmeider

Supreme Court of the United States

Decided March 18, 1870PublishedCited by 18 opinions

Error to the Circuit Court for the Southern District of New York, the case being thus: Schmeider sued Barney, collector for the port of New York, in the court below, in an action of assumpsit with the common counts only, to which Barney pleaded the general issue. The plaintiff’s claim was for duties on certain woven goods alleged to have been unlawfully collected of him by the defendant as collector of the port of New York, and which had been paid under protest.

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Error to the Circuit Court for the Southern District of New York, the case being thus: Schmeider sued Barney, collector for the port of New York, in the court below, in an action of assumpsit with the common counts only, to which Barney pleaded the general issue. The plaintiff’s claim was for duties on certain woven goods alleged to have been unlawfully collected of him by the defendant as collector of the port of New York, and which had been paid under protest. The act under which the goods were rated for duties, provided that on all delaines, cashmere delaines, muslin delaines, barege…

1Opinion of the CourtJustice Miller

The seventh amendment of the Constitution declares, that in suits at law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.

This right may be waived by the party. The act of March 8d, 1865, * provides a mode by which the parties to a suit may submit the matter proper for a jury to the court; and the case of Norris v. Jackson, decided a few days ago, † gives the mode of proceeding under that statute, and explains what may be received in such cases, and how the matter proper for review may be brought before this court.

If, then, the parties…

2Cited by18 opinions

  1. Galloway v. United StatesSupreme Court of the United States · 1943
  2. Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
  3. Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
  4. Howard v. Louisiana & A. Ry. Co.Court of Appeals for the Fifth Circuit · 1931
  5. Tolerton & Stetson Co. v. CaspersonSouth Dakota Supreme Court · 1895

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