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Beers Vs. Haughton

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  • US Supreme Court
  • Jan 01, 1835

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  1. Mason Vs. Haile US Supreme Court · Jan 01, 1827
  2. Wayman Vs. Southard US Supreme Court · Jan 01, 1825
  3. Ogden Vs. Saunders US Supreme Court · Jan 01, 1827
  4. Bank of the United States Vs. Halstead US Supreme Court · Jan 01, 1825
  5. U.S. 329 (1835) U.S. Supreme Court Beers v. Haughton
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  6. U.S. 9 Pet. 329 329 (1835) Beers v. Haughton
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  7. final process so as to conform the same to those laws of the state on the same subject. The cases of Sturges v. Crowninshield
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  8. United States Bank v. Halstead
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  9. Joseph Harris and Cornelius v. Harris
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  10. Cornelius v. Harris
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  11. Cornelius v. Harris
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  12. Cornelius v. Harris
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  13. Joseph Harris and Cornelius v. Harris
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  14. Cornelius v. Harris
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  15. even in courts acting professedly under the common law and independently of statute. Lord Ellenborough, in Mannin v. Partridge
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  16. the bail are entitled to relief by entering an exoneretur, without any surrender. This was decided in Mannin v. Partridge
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  17. Boggs v. Teackle
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  18. and Olcott v. Lilly
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  19. it in full force against his property and effects. This was clearly settled by this Court in the cases of Sturges v. Crowninshield
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  20. Wheat. 200, and Mason v. Haile
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  21. for the reasons so forcibly stated by Mr. Justice Johnson in delivering the final opinion of the Court in Ogden v. Saunders
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  22. Wheat. 213, and by MR. CHIEF JUSTICE MARSHALL in delivering the opinion of the Court in Wayman v. Southard
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  23. Wheat. 1, and by MR. JUSTICE THOMPSON in delivering the like opinion in Bank of the United States v. Halstead
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  24. the process as well as in the modes of proceeding in suits was fully considered by this Court in the cases of Wayman v. Southard
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  25. Wheat. 1, and Bank of the United States v. Halstead
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  26. The result of this doctrine, as practically expounded or applied in the case of Bank of the United States v. Halstead
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  27. by the Legislature of the respective state for the state courts. This act was made after the decisions in Wayman v. Southard
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  28. and Bank of the United States v. Halstead
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  29. of another state. And that made the great and leading distinction adopted by this Court in the case of Saunders v. Ogden
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  30. are presented for consideration. The defendant Richard Haughton became special bail for Joseph Harris and Cornelius V. Harris
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  31. Cornelius v. Harris
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  32. of plea in bar to the present action against the bail are the questions to be considered. In the case of Saunders v. Ogden
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  33. itself. And that it was adopted in its fullest extent is evident by what fell from the Court in the case of Boyle v. Zacharie
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  34. delivered by Mr. Justice Johnson in the case of Ogden v. Saunders
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  35. the very thing that has proved available to deprive the plaintiffs of a recovery in this case. The case of Boyle v. Zacharie
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  36. action, procedure, prosecution. And such is the explanation given to the term proceedings, in the case of Wayman v. Southard
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  37. it is a progressive course, it must be advancing, and cannot be satisfied by remaining at rest. In the cases of Wayman v. Southard
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  38. payment of the cost of the suit against the bail. No stronger case upon this point can be put than that of Davison v. Taylor
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  39. that purpose. But this will not sustain the plea, according to the doctrine of the case just referred to, of Davison v. Taylor
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  40. after the return of the capias ad satisfaciendum. And this appears upon the record. In the case of Olcott v. Lilly
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  41. the cases, is conclusive to show that it could not be pleaded as a legal discharge of the bail. In the case of Chatham v. Lewis
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  42. suit or the recognizance to be paid. The same doctrine is fully settled in the English courts. In the case of Donally v. Dunn
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  43. question. But if Page 34 U. S. 372 available at all, it must be by motion. It is true, as is said in Mannin v. Partridge
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  44. favor of the court, and cannot, if the cases to which I have referred be law, be pleaded in bar. The cases of Wayman v. Southard
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  45. by it or as giving the circuit court the power to adopt it by rule of court without overruling the case of Saunders v. Ogden
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  46. for me to do more than declare my dissent from the opinion of the Court. In the case of Woodhull and Davis v. Wagner
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  47. they considered the law to have been settled by the final judgment of this Court in Ogden v. Saunders
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  48. Wheat. 369, and the case of Shaw v. Robbins
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  49. circuit courts of the United States. And when we found that the third proposition laid down by Judge Johnson in Ogden v. Saunders
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  50. as a guide to our judgment. The declaration of Judge Story in delivering the opinion of the Court in Boyle v. Zachary
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