Leland v. Wilkinson
Supreme Court of the United States
THIS case came before the court on a certificate of division in opinion of the judges of the circuit cou.rt of the United States for the district of Rhodé Island. The. same cause was before the court on a writ of error at January term 1829. 2 Peters, 267. The case was again tried in the circuit court of Rhode Island at June term 1830; and the points on which the judges of that court were divided, were' ■certified to this court.
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THIS case came before the court on a certificate of division in opinion of the judges of the circuit cou.rt of the United States for the district of Rhodé Island. The. same cause was before the court on a writ of error at January term 1829. 2 Peters, 267. The case was again tried in the circuit court of Rhode Island at June term 1830; and the points on which the judges of that court were divided, were' ■certified to this court. After the case had been argued by Mr Dutton for the plaintiff, with whom also was Mr Webster; Mr Whipple for the defendant, with whom also.was Mr Wirt, proposed…
1Opinion of the Court
The judges having severally expressed their opinion,
Mr Chief Justice Marshall
said, the evidence objected to is-' understood to be offered to prove that certain proceedings have *322been had at different, times in the legislature of Rhode Island, on private petitions of a similar nature with that before the court; and that there haye been certain usages and proceedings in the legislature of Rhode Island, in regard to th'e administration and sale of the estates of deceased persons for their debts, which will establish, that it has for a long period by usage, and rightfully, exercised the authority…
2Cited by2 opinions
- Thomas Leland and Others v. David WilkinsonSupreme Court of the United States · 1832
- Whitehurst v. PhelpsDistrict Court, D. Delaware · 2021