Whelan Vs. U S

Whelan vs U S

Type Court Judgment Court US Supreme Court Decided 1812

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Citation: sooperkanoon.com/78534
Court: US Supreme Court
Decided On: 1812
Case Number: 11 U.S. 112
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Whelan

Respondent

U S

Excerpt

whelan v. u s - 11 u.s. 112 (1812) u.s. supreme court whelan v. u s, 11 u.s. 112 (1812) 11 u.s. 112 (cranch) whelan v. the united states. feb. 20, 1812 this cause standing so late on the docket that it was not likely to be called for trial at this term, dallas, for the united states, suggested the propriety of assigning a particular day for the hearing, as it was a case of importance, and involved a question of jurisdiction, viz: whether a seizure of a vessel, on waters navigable from the sea for vessels of ten and more tons burthen, for breach of a law of the united states, was to be tried by a jury. this question was said to be important because the judge of the district of pennsylvania had refused to try any cases of that kind, until the question was finally settled by this court. the court accordingly assigned a day for bearing that question, but intimated an opinion that it was already decided in the cases of the vengeance 3. dall. 297.-the betsy and charlotte. 4. cranch, 443. and yeaton v. united states, 5.cranch, 281. e. tilghman, for the appellant, after looking into those cases, abandoned the question as to jurisdiction, considering the cases cited as conclusive against him. the court, (all the judges being present), said that the question had been certainly settled in this court, upon full argument.

Full Judgment

WHELAN v. U S - 11 U.S. 112 (1812)
U.S. Supreme Court WHELAN v. U S, 11 U.S. 112 (1812)

11 U.S. 112 (Cranch)

WHELAN
v.
THE UNITED STATES.

Feb. 20, 1812

THIS cause standing so late on the docket that it was not likely to be called for trial at this term, DALLAS, for the United States, suggested the propriety of assigning a particular day for the hearing, as it was a case of importance, and involved a question of jurisdiction, viz: whether a seizure of a vessel, on waters navigable from the sea for vessels of ten and more tons burthen, for breach of a law of the United States, was to be tried by a jury. This question was said to be important because the judge of the district of Pennsylvania had refused to try any cases of that kind, until the question was finally settled by this Court.

The Court accordingly assigned a day for bearing that question, but intimated an opinion that it was already decided in the cases of the Vengeance 3. Dall. 297.-The Betsy and Charlotte. 4. Cranch, 443. and Yeaton v. United States, 5.Cranch, 281.

E. TILGHMAN, for the Appellant, after looking into those cases, abandoned the question as to jurisdiction, considering the cases cited as conclusive against him.

THE COURT, (all the judges being present), said that the question had been certainly settled in this Court, upon full argument.

Same Parties Whelan vs U S Same Subject Service Tax