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Mcnutt Vs. Bland
Cites for this judgment
- US Supreme Court
- Jan 01, 1844
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U.S. 9 (1844) U.S. Supreme Court McNutt v. BlandSearch
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U.S. 2 How. 9 9 (1844) McNutt v. BlandSearch
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in equity in an appropriate use or by an action of debt, or for an escape, against the sheriff himself, as in Darst v. DuncanSearch
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used in conducting them, in virtue of some positive law. This Court must have acted on these principles in Browne v. StrodeSearch
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it mattered not for whose use the suit was brought, the parties being citizens of different states. Irvine v. LowrySearch
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Allen, 7 Cranch 554, to Darst v. DuncanSearch
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which presents a case covered by the decision of this Court in Darst v. DuncanSearch
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as meaning the parties to the record. The first case in support of these positions, is that of Bingham v. CabotSearch
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In the year 1797, were decided in the Supreme Court the cases of Turner v. EurilleSearch
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and of Turner v. BankSearch
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The decision in the case of Bingham v. CabotSearch
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Turner v. BankSearch
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In Mossman v. HigginsonSearch
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The case of Course v. SteadSearch
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the decree of the circuit court on the ground of jurisdiction. Next in the order of time is the case of Wood v. WagnonSearch
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and defendant were not shown by the pleadings to be citizens of different states. In Hepburn and Dundas v. ElzeySearch
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upon a defect in the description of a party necessary to give Page 43 U. S. 22 jurisdiction. Winchester v. JacksonSearch
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want of jurisdiction, the parties not appearing upon the record to be citizens of different states. In Kemp's Lessee v. KennedySearch
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U. S. 5 Cranch 185. The same in effect, the same indeed in terms, is the decision of this Court in Montalet v. MurraySearch
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authorizes access to the circuit court must be apparent upon the record, is strikingly exemplified in Chappedelaine v. DechenauxSearch
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the jurisdiction of the circuit court. Passing, with a mere mention of them, the cases of Hope Insurance Company v. BoardmanSearch
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Hodgson and Thompson v. BowerbankSearch
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Skillern's Ex'rs v. May'sSearch
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The Corporation of New Orleans v. WinterSearch
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this opinion will be found in the reasoning of Chief Justice Marshall in delivering the decision in the case of Osborn v. BankSearch
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doctrine this reasoning so well sustains is reaffirmed by the same judge in the still later case of State of Georgia v. MadrazoSearch
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Pet. 122, and amongst other authorities there cited, the principles ruled as above mentioned in Osborne v. BankSearch
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mean by which such important consequences are supposed to have been effected, is the decision of the case of Brown v. StrodeSearch
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record, then indeed they have not merely overturned the series of decisions in this Court, from the case of Bingham v. CabotSearch
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in 3 Dall. decided in 1798, down to the case of Governor of Georgia v. MadrazoSearch
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demolished by Browne and Strode, what must be understood with respect to the decisions of Skillern's Ex'rs v. May'sSearch
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of Osborne v. BankSearch
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of McCormick v. SullivantSearch
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Wheat. 199, and of Governor of Georgia v. MadrazoSearch
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only decision in this Court which would appear, upon a superficial view of it, to give color to the decision of Browne v. StrodeSearch
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is the case of Irvine v. LowrySearch
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two cases differ essentially, and that the former does not sustain, but, in effect, contradicts the latter. In Irvine v. LowrySearch
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consisted in part of persons who were citizens of the same state to which the defendant belonged. The case of Browne v. StrodeSearch
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the current of authorities before cited. 'Tis true that, in the opinion delivered in this case, the decision in Browne v. StrodeSearch
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upon an hypothesis which by no means divests it of its anomalous character, any more than it rests the case of Irvine v. LowrySearch
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upon any real similitude with it. The argument is this that although in Browne v. StrodeSearch
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of action under the bond. My mind, then, is impelled by considerations like these to the deductions, that Browne v. StrodeSearch
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as one of those instances, the cognizance whereof belongs exclusively to the supreme court. See State of Georgia v. BrailsfordSearch
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Dall. 402, and Governor of Georgia v. MadrazoSearch
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Fowler v. LindsaySearch
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of two distinguished members of this bench in reply to a similar argument addressed to them in the case of Turner v. BankSearch
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