Buck v. Colbath
Supreme Court of the United States
Colbath sued Buck in one of tbe State courts of Minnesota, in an action of trespass for taking goods. Buck pleaded in defence, that he was marshal of the United States for the District of Minnesota, and that having in his hands a writ of attachment against certain parties whom he named, he levied the same upon the goods, for taking which he was now sued by Colbath. But he did not aver that they were the goods of the defendants in the writ of attachment.
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Colbath sued Buck in one of tbe State courts of Minnesota, in an action of trespass for taking goods. Buck pleaded in defence, that he was marshal of the United States for the District of Minnesota, and that having in his hands a writ of attachment against certain parties whom he named, he levied the same upon the goods, for taking which he was now sued by Colbath. But he did not aver that they were the goods of the defendants in the writ of attachment. On the trial Colbath made proof of his ownership of the goods, and Buck relied solely on the fact that he was marshal and held the goods…
1Opinion of the CourtJustice Miller
There seems to be no reason to doubt that the case comes within the provisions of the 25th section of the Judiciary Act. The defendant claimed the protection of “ an authority exercised under the United States,” and the decision was against the protection thus claimed; or, in other words, against the validity of that authority, as a protection to him in that action. Whether the authority which he thus set up was valid to protect him, is a question for this court to decide finally,, and is' properly before us under the writ of error to the Supreme Court of Minnesota.
Upon the merits of the…
2Cited by252 opinions
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- Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- United States v. Bank of New York & Trust Co.Supreme Court of the United States · 1936
- Byers v. McAuleySupreme Court of the United States · 1893
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