WILLSON AND OTHERS v. the Black Bird Creek Marsh Company
Supreme Court of the United States
THIS was a writ of error to the high court of errors and appeals of the state of Delaware. The Black Bird Creek Marsh Company were incorporated by an act of the general assembly of Delaware, passed in February 1822'; and the owners and possessors of the marsh, cripple, and low grounds-in Appoquinimink hundred, in New Castle.-county, and state of Delaware, lying on both sides of Black- Bird Creek, below Mathews’s landing, and- extending to the river Delaware ; were authorised…
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THIS was a writ of error to the high court of errors and appeals of the state of Delaware. The Black Bird Creek Marsh Company were incorporated by an act of the general assembly of Delaware, passed in February 1822'; and the owners and possessors of the marsh, cripple, and low grounds-in Appoquinimink hundred, in New Castle.-county, and state of Delaware, lying on both sides of Black- Bird Creek, below Mathews’s landing, and- extending to the river Delaware ; were authorised and empowered to make and construct a. good and sufficient dam across said creek, at such place as the managers ór a…
1Opinion of the Court
■Mr Chief Justicé Makshall
delivered the opinion-of the Court.
■ The defendants in error deny the jurisdiction of this Court, because, they say, the record does not show that the constitutionality of the act of the legislature, under which the plaintiff claimed to support his action, was. drawn into question.
Undoubtedly the plea might have stated in terms that the act, so far as it authorized a dam across the creek, was repugnant to the constitution of the United. States; and it might have been safer, it might have avoided any question respecting jurisdiction, so to frame it. But we think it…
2Cases cited1 opinion
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