Saunders Vs. Gould

Saunders vs Gould

Type Court Judgment Court US Supreme Court Decided 1830

~2 min read

https://sooperkanoon.com/case/79277

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/79277
Court: US Supreme Court
Decided On: 1830
Case Number: 29 U.S. 392
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Saunders

Respondent

Gould

Excerpt

.....the same with that of gardner v. collins, 2 pet. 58, but the counsel for the plaintiff relied on evidence adduced to show a settled judicial construction of the act of the legislature of rhode island relative to descents different from that which had been made in this court. "the court is not convinced that the construction of the act which prevails in rhode island is opposed to that which was made by this court." mr. chief justice marshall stated, when this case was brought before the court, it was admitted by the counsel to be essentially the same with gardner v. collins, 2 pet. 58, but he relied on certain evidences which he exhibited of a settled judicial construction of the act on which the cause depended different from that which had been made by this court. had the court been satisfied on this point, that settled construction would undoubtedly have been respected. but the court was not convinced that the construction which prevails in rhode island is opposed to that which was made by this court. on communicating this decision to the bar, counsel declined arguing the cause, and a certificate similar to that which was given in the former case was about to be prepared, but on inspecting the record, it was perceived that the judges of the circuit court, instead of dividing on one or more points, had divided on the whole cause, and had directed the whole case to be certified to this court. considering this as irregular, the court directs the cause to be remanded to the circuit court that further proceedings may be had therein according to law.

Full Judgment

Saunders v. Gould - 29 U.S. 392 (1830)
U.S. Supreme Court Saunders v. Gould, 29 U.S. 4 Pet. 392 392 (1830)

Saunders v. Gould

29 U.S. (4 Pet.) 392

ON CERTIFICATE OF DIVISION OF OPINION BY THE JUDGES

OF THE CIRCUIT COURT FOR THE DISTRICT OF RHODE ISLAND

SYLLABUS

Where the whole cause, and not a point or points in the cause, has been adjourned from the circuit court to this Court, the case will be remanded to the circuit court.

The case was admitted to be essentially the same with that of Gardner v. Collins, 2 Pet. 58, but the counsel for the plaintiff relied on evidence adduced to show a settled judicial construction of the act of the Legislature of Rhode Island relative to descents different from that which had been made in this Court. "The court is not convinced that the construction of the act which prevails in Rhode Island is opposed to that which was made by this Court."

MR. CHIEF JUSTICE MARSHALL stated,

When this case was brought before the Court, it was admitted by the counsel to be essentially the same with Gardner v. Collins, 2 Pet. 58, but he relied on certain evidences which he exhibited of a settled judicial construction of the act on which the cause depended different from that which had been made by this Court. Had the Court been satisfied on this point, that settled construction would undoubtedly have been respected. But the Court was not convinced that the construction which prevails in Rhode Island is opposed to that which was made by this Court. On communicating this decision to the bar, counsel declined arguing the cause, and a certificate similar to that which was given in the former case was about to be prepared, but on inspecting the record, it was perceived that the judges of the circuit court, instead of dividing on one or more points, had divided on the whole cause, and had directed the whole case to be certified to this Court. Considering this as irregular, the Court directs the cause to be

Remanded to the circuit court that further proceedings may be had therein according to law.

Same Parties Saunders vs Gould Same Subject Education