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Scott Vs. Sandford
Cites for this judgment
- US Supreme Court
- Jan 01, 1856
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U.S. 393 (1856) U.S. Supreme Court Scott v. SandfordSearch
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U.S. 19 How. 393 393 (1856) Scott v. SandfordSearch
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by writ of error, that the Circuit Court had jurisdiction, the judgment must be reversed. The case of Capron v. VanSearch
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maintain his suit without showing that fact in the pleadings. This point was decided in the case of Bingham v. CabotSearch
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in 3 Dall. 382, and ever since adhered to by the court. And in Jackson v. AshtonSearch
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It is needless to accumulate cases on this subject. Those already referred to, and the cases of Capron v. VanSearch
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Noorden, in 2 Cr. 126, and Montalet v. MurraySearch
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Cr. 46, are sufficient to show the rule of which we have spoken. The case of Capron v. VanSearch
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to the superior court the whole record of the proceedings in the court below. And in the case of the United States v. SmithSearch
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civil authority of the town in which such school or institution might be. And it appears by the case of Crandall v. TheSearch
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privileges and immunities were provided for the protection of the citizen in other States. The case of Legrand v. DarnallSearch
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the defendant has not pleaded in abatement to the jurisdiction of the inferior court. The cases of Jackson v. AshtonSearch
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and of Capron v. VanSearch
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not committed an error in taking jurisdiction and giving a judgment for costs in favor of the defendant, for in Capron v. VanSearch
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as altogether inapplicable to the case before us. But the case of the American and Ocean Insurance Companies v. CanterSearch
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the principle on which it depends was decided in this court, upon much consideration, in the case of Strader et al. v. GrahamSearch
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his return, and that this case Page 60 U. S. 453 therefore cannot be governed by the case of Strader et al. v. GrahamSearch
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argument that the writ must have been dismissed for want of jurisdiction in this court. The case of Strader and others v. GrahamSearch
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Burge Con.Laws, pp. 12, 127. We come now to the decision of this court in the case of Strader et al. v. GrahamSearch
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and within the State of Missouri, beyond that of the laws of Illinois or those of Ohio in the case of Strader et al. v. GrahamSearch
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as the settled law of the State, Page 60 U. S. 466 and, according to the decision in the case of Strader et al. v. GrahamSearch
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of fixing his permanent abode. The question we think too plain to require argument. The case of the Attorney General v. NapierSearch
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propounded from this bench. Beginning with the earliest decisions of this court, we have the cases of Bingham v. CabotSearch
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et al., 3 Dallas 382, Turner v. EurilleSearch
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Dallas 7, Abercrombie v. DupuisSearch
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Wood v. WagnonSearch
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Cranch 9, The United States v. TheSearch
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brig Union et al., 4 Cranch 216, Sullivan v. TheSearch
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Fulton Steamboat Company, 6 Wheaton 450, Mollan et al. v. TorrenceSearch
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Wheaton 537, Brown v. KeeneSearch
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Peters 112, and Jackson v. AshtonSearch
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to such an extent and so inflexibly has this requisite to the jurisdiction been enforced that in the case of Capron v. VanSearch
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doctrine has been, if possible, more strikingly illustrated in a later decision, the case of The State of Rhode Island v. TheSearch
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by Lord Stowell, and of the effect of that principle even in a case of express contract, is seen in the case of Lewis v. FullertonSearch
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to effectuate an emancipation, for what of a due recording in the county court, as was decided in the case of Givens v. MannSearch
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from the period of the adoption of the latter. Such is the principle ruled in the cases of Pollard's Lessee v. HaganSearch
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How. 212, Parmoli v. TheSearch
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First Municipality of Page 60 U. S. 491 New Orleans, 3 How. 589, Strader v. GrahamSearch
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and the discussions in the State courts have relieved the subject of much of its difficulty. 12 B.M.Ky.R. 545, Foster v. FosterSearch
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Gratt.Va.R. 485, 4 Har. and McH.Md.R. 295, Scott v. EmersonSearch
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and status of the slave although he had never actually possessed the status of freedom in that domicil. Rankin v. LydiaSearch
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A.K.M., Herny v. DeckerSearch
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Walk. 36, 4 Mart. 385, 1 Misso. 472, Hunter v. FulcherSearch
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by broad lines of demarcation in American history. This court has assisted us to define them. In Johnson v. McIntoshSearch
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Harcourt v. GaillordSearch
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which this court have pronounced condemn the pretension then made on behalf of the legislative department. In Groves v. SlaughterSearch
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In Pollard's Lessee v. HaganSearch
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which belong to them as the Legislature of the United States, of which these Territories make a part. Loughborough v. BlakeSearch
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