Court : US Supreme Court
Decided on : Jan-01-1844
..... the plaintiff, ought to be given in the manner stated in the second, third, fourth, and fifth points certified. mr. justice catron. the third section of the act of 1828, provides "that writs of execution, and other final process, issued on judgments and decrees rendered in any of the courts of the united ..... proceedings on executions issued from the courts of the united states, unless such laws are adopted by those courts under the proviso in the third section of the act. the rule adopted by the circuit court of illinois does not fall within this proviso, which declares, "that it shall be in the power ..... the valuation thereof, shall be offered for sale by the officer in whose hands such execution or executions may have been placed for collection." "sec. 3. this act shall be in force from and after its passage, and the secretary of state is hereby required to have a thousand copies thereof printed ..... for the sum of $3,986.67 cents and costs. in february, 1841, the state of illinois passed the following law: " an act regulating the sale of property" "sec. 1. be it enacted by the people of the state of illinois, represented in the general assembly, that when any execution shall be ..... united states bank v. halstead, reported in 10 wheaton. the agitation it is understood, was one prominent reason for the introduction of the act of congress of 1828. it repealed and rules made by the courts of the united states regulating final process, in all the districts, and adopted the execution laws of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1844
..... referred to. it is insisted this court has no jurisdiction to look into the plaintiff's concession of 1800 or to pass on it under the 25th section of the judiciary act, and the case in 9 pet. 244 of new orleans v. de armis is referred to as settling the question [argument of counsel -- omitted ..... month of february, of this present year, which i signed." "anthony soulard" "st. louis, march 2, 1804" "notes. -- all the metes and corners are designated in the plan. all the trees in the lines are blazed, with two notches below the blaze. the trees on the right and left of the lines are merely blazed ..... a contest, making a case, the facts giving rise to it must be ascertained before the construction can be applied. to hold otherwise would render the 25th section a dead letter in a majority of instances. the same question arose in the case of pollard's heirs v. kibbie, 14 pet. 254, and again ..... and reserving, however, to all adverse claimants the right to assert the validity of their claims in a court or courts of justice, and the second section declared that if it should be found that any tract or tracts thus confirmed or any part thereof had been previously located by any other person or ..... missouri, which court was authorized to give a decree in the matter, reviewable, if need be, by the supreme court of the united states. the 5th section provided that a claim not before the district court in two years, or not prosecuted to final judgment in three years, should be forever barred, both at .....
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