Legal Opinion · Dissent

Salmon Falls Manufacturing Co. v. Goddard

Supreme Court of the United States

Decided February 15, 1853Published

This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Massachusetts, The facts are set forth in the opinion of the court, and also the rulings of the Circuit Court. The bill of exceptions extended over thirty pages of the printed record.

1DissentDaniel, Justice

Upon the point made in this, case, on the Statute of. Frauds, I entirely concur in the exposition of the law just announced by the court. With- respect, however,- to the proceedings ordered by this court to be taken in this case in -the Circuit Court, I am constrained to dissent from the decision of my brethren. ■ My opinion is, that under the 2d section of the 3d article of the' Constitution, the courts of the United States could not. take cognizance of the controversy between these parties; and that therefore the proper direction to the Circuit Court would have been to dismiss this suit for…

2Cases cited2 opinions

  1. Ward v. Corporation of WashingtonU.S. Circuit Court for the District of District of Columbia · 1832
  2. Sherburne v. ShawSuperior Court of New Hampshire · 1818

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