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Davies Vs. Miller
Cites for this judgment
- US Supreme Court
- Apr 01, 1889
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U.S. 284 (1889) U.S. Supreme Court Davies v. MillerSearch
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U.S. 284 (1889) Davies v. MillerSearch
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his goods might recover them back from the collector in an action of assumpsit for money had and received. Elliott v. SwartwoutSearch
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Brune v. MarriottSearch
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Taney 132, 144. And his decision was affirmed by the judgment of this Court. Marriott v. BruneSearch
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How. 619. That judgment, though criticized in Warren v. PeasleeSearch
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regarded and acted on as laying down a general rule establishing the validity of prospective protests. Steegman v. MaxwellSearch
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Hutton v. SchellSearch
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Blatchford 48, 55, and Fowler v. RedfieldSearch
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Wetter v. SchellSearch
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Blatchford 193, 196, and Chouteau v. RedfieldSearch
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be governed by the act of 1845, requiring the protest to be filed at or before the time of paying the duties. Barney v. WatsonSearch
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after the entry of the goods, as in the act of 1857, evidently for the reason stated by MR. JUSTICE BRADLEY in Barney v. WatsonSearch
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given before the entry thereof and precludes a prospective protest covering future entries or importations. Ullman v. MurphySearch
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of Judge Shipman in the Circuit Court for the Southern District of New York in October, 1878, in the case of Keyser v. ArthurSearch
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Our conclusion also accords with decisions of state courts expounding similar words in other statutes. Young v. TheSearch
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Atherton v. CorlissSearch
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Levert v. ReadSearch
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before them, might seem to support the opposite conclusion, especially the language of Chief Justice Waite in Watt v. UnitedSearch
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States, 15 Blatchford 29, decided July 1, 1878, and that of Mr. Justice Strong in Westray v. UnitedSearch
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possession of the goods, but were sued for by the United States, was overruled, with his concurrence, in United States v. SchlesingerSearch
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U.S. Supreme Court Davies v. MillerSearch
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Court. Marriott v. BruneSearch
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Warren v. PeasleeSearch
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Steegman v. MaxwellSearch
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and Fowler v. RedfieldSearch
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and Chouteau v. RedfieldSearch
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Ullman v. MurphySearch
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of Keyser v. ArthurSearch
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Young v. TheSearch
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Watt v. UnitedSearch
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Westray v. UnitedSearch
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