United States v. King
Supreme Court of the United States
-This case was formerly before this court, and is reported in 3 Howard, 773. Being sent down to the Circuit (pourt under a. mandate from this court, it came up for trial before the Circuit- Court in May, , 1845, when sundry proceedings took place before that court, which it is not necessary to specify. The result was, a júdgment in favor of the United States, from which King and Coxe sued out a writ of error, and brought the case again before this court.
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-This case was formerly before this court, and is reported in 3 Howard, 773. Being sent down to the Circuit (pourt under a. mandate from this court, it came up for trial before the Circuit- Court in May, , 1845, when sundry proceedings took place before that court, which it is not necessary to specify. The result was, a júdgment in favor of the United States, from which King and Coxe sued out a writ of error, and brought the case again before this court. Whilst so pending, this court, on the 16th of February, 1848,' passed the following order, which was announced by Mr. Chief Justice Taney. “…
1Opinion of the CourtChief Justice Taney
delivered the -opinion of the court.
This case is one of much interest to the parties concerned, and to the public.
The. peculiar practice of Louisiana, which has been adopted in the Circuit Court for that District, has produced some embarrassment in this case. According to the laws of that State, unless one of the parties demurs on trial by jury, the court decides the fact as well as the law; and if the judgment is removed to a higher court for revision, the decision upon the fact as well as the law is open for examination in the appellate court. The record transmitted to the Superior Court,…
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