Ex Parte Davenport
Supreme Court of the United States
THIS was a motion, by Mr Hall of counsel for the relator, for a mandamus to the judge of the district court of the United States for the southern district of New York, u commanding him to restore to the record of the cause, the plea of tender, filed in the cause by the defendant, and to proceed to the trial, and judge thereupon according to law; and to vacate all rules and orders entered in the said court, setting aside such plea as a nullity.”
Read the full summary
THIS was a motion, by Mr Hall of counsel for the relator, for a mandamus to the judge of the district court of the United States for the southern district of New York, u commanding him to restore to the record of the cause, the plea of tender, filed in the cause by the defendant, and to proceed to the trial, and judge thereupon according to law; and to vacate all rules and orders entered in the said court, setting aside such plea as a nullity.” The affidavit of John A. Davenport was filed, stating the institution of a suit by the United States in the district court of the United States for…
1Opinion of the CourtJustice Story
This is a motion for a mandamus to the district judge for the southern district of New York, directing him to restore to the record a plea of tender, which had been filed, together with a plea of non est factum, by Davenport, in a suit on a custom house bond for the payment of duties, brought against him in that court; and which had been ordered by the court .to be struck from the docket as a nullity. As the allowance of double pleas and defences is a.matter not ,of absolute right, but of discretion in the court, and as the courts constantly exercise a control over this privilege, and will…
2Cited by10 opinions
- Grand Chute v. WinegarSupreme Court of the United States · 1873
- Towle v. State ex rel. FisherSupreme Court of Florida · 1850
- Roe v. Doe ex dem. TindalSupreme Court of Georgia · 1858
- Jelley v. RobertsIndiana Supreme Court · 1875
- United States v. MinorCourt of Appeals for the Fourth Circuit · 1916
5 more not listed; retrieve them via the Exa API.