Bigelow v. Forrest
Supreme Court of the United States
Error to the Supreme Court of Appeals of Virginia, the case being this: Congress, by an act commonly called the Confiscation Act, passed July 17th, 1862,* during the late rebellion, “to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” after enacting that treason should be punished with death, provides: “ Section 5. That to insure the speedy termination of the present rebellion, it shall be the…
Read the full summary
Error to the Supreme Court of Appeals of Virginia, the case being this: Congress, by an act commonly called the Confiscation Act, passed July 17th, 1862,* during the late rebellion, “to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes,” after enacting that treason should be punished with death, provides: “ Section 5. That to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property . . . of the persons…
1Opinion of the CourtJustice Strong
The first question presented by the record for our consideration is whether there was error in the refusal of the State Circuit Court to allow a removal of the cause into the Circuit Court of the United States; for if there was not, there is no ground for complaint that the Supreme Court of Appeals had denied a supersedeas to the judgment because the removal prayed for had not been allowed.
The act of Congress of March 3d, 1863, under which the right to remove the cause was claimed, and under which the right existed, if it existed at all, enacted, in its fifth section, that if any suit or…
2Cited by73 opinions
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
- Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- People of the State of New York v. Milton A. GalamisonCourt of Appeals for the Second Circuit · 1965
68 more not listed; retrieve them via the Exa API.