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Conner Vs. Long
Cites for this judgment
- US Supreme Court
- Jan 01, 1881
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U.S. 228 (1881) U.S. Supreme Court Conner v. LongSearch
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U.S. 228 (1881) Conner v. LongSearch
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In Hampton v. RouseSearch
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by force of law and without regard to the knowledge or the motives of the claimant, overreached and defeated. Bank v. ShermanSearch
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of the petition in bankruptcy, in which case the title of the assignee vests in the proceeds of sale. In Duffield v. HortonSearch
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and cites in support of it the cases of Johnson v. BishopSearch
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Woolw. 324, and Bradley v. FrostSearch
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Dill. 457. The former of these cases, Johnson v. BishopSearch
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P. 328. And in support of this conclusion, reliance was had upon the cases of Hagan v. LucasSearch
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and Buck v. ColbathSearch
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Wall. 334. The principle of this decision was expressed in the opinion of the Court in the case of Doe v. ChildressSearch
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The case of Johnson v. BishopSearch
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of the property at the suit of the assignee, who at the time of the sale had become in law its owner. Bradley v. FrostSearch
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in its circumstances from the present, and in that the circuit judge, upon the principle decided in Johnson v. BishopSearch
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rem. The case is thus brought within the terms of the first of the two classes of legal process described in Buck v. ColbathSearch
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liable, and the servant cannot justify under orders from a master, for, as was said by Lord Ellenborough in Stephens v. ElwallSearch
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employment when the act complained of is in the discharge of a duty to the public incident thereto, as in Greenway v. FisherSearch
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of duty and of liability is thus stated with admirable Page 104 U. S. 238 force by Hosmer, C.J., in Watson v. WatsonSearch
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P. 147. So in Savacool v. BoughtonSearch
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unless the want of jurisdiction appears by such process. The same rule was sustained by Nelson, C.J., in Webber v. GaySearch
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id. 485. In Wilmarth v. BurtSearch
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To the same effect are Twitchell v. ShawSearch
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Cush. (Mass.) 46, and Clarke v. MaySearch
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Gray (Mass.) 410. The same principle was applied to the proceedings of a court-martial by this Court in Dynes v. HooverSearch
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and has no choice but to obey. The language of MR. JUSTICE MILLER in delivering the opinion of this court in Eyster v. GaffSearch
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The court below took a different view of the law, following a prior decision in the same circuit in Miller v. O'BrienSearch
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referring to Balme v. HuttonSearch
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Bing. 471, and Garland v. CarlisleSearch
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They are entitled, certainly, to very respectful examination. The principal case in England is that of Cooper v. ChittySearch
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Lord Mansfield's decision in that case controlled the course of judicial opinion upon the question until Balme v. HuttonSearch
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authorities that in such a case, the sheriff had been uniformly protected by his process, and concluded that Cooper v. ChittySearch
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as before. He then proceeded to show that the subsequent decisions had overlooked the distinction on which Cooper v. ChittySearch
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and gave judgment for the defendant. But this judgment was reversed in 1833 by the Court of Exchequer Chamber. Balme v. HuttonSearch
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Cromp. & M. 262. The question came finally before the House of Lords in the year 1837, in the case of Garland v. CarlisleSearch
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of the question, and we are not now left at liberty to form an opinion upon it. I do not, however, think that Cooper v. ChittySearch
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the present. Indeed, some relief had been introduced by the Bankrupt Act of 6 Geo. IV, c. 16, passed in 1825. Edwards v. ScarsbrookSearch
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Slater v. PinderSearch
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U.S. Supreme Court Conner v. LongSearch
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In Duffield v. HortonSearch
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of Johnson v. BishopSearch
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and Bradley v. FrostSearch
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Johnson v. BishopSearch
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