Armstrong v. Carson's Ex'r

Citation2 U.S. 302,1 L.Ed. 391,2 Dall. 302,1 F.Cas. 1140
PartiesArmstrong v. Carson's Executors
Decision Date01 April 1794
CourtUnited States Supreme Court

Wilson, Justice:

There can be no difficulty in this case. If the plea would be bad in the Courts of New Jersey, it is bad here: for, whatever doubts there might be on the words of the Constitution, the act of Congress effectually removes them; declaring in direct terms, that the record shall have the same effect in this Court, as in the Court from which it was taken. In the courts of New Jersey no such plea would be sustained; and, therefore, it is inadmissible in any Court sitting in Pennsylvania.

Bradford then proposed settling the interest; but Wilson, Justice, observed, that he had had more than one occasion to object to the Court's interposing, in any form, to assess damages. In some States, he said, it had, indeed, grown into a practice; and the Courts had in that, and, perhaps, in many other instances, done the business which ought to go to a Jury. Lewis referred to a case in the Supreme Court of the United States, in which this point had been made, tho' not directly, decided; but the Judge said, it was not the foundation of the judgment of the Court; and that, in his opinion, a Writ of Enquiry was the regular mode...

To continue reading

Request your trial
50 cases
  • Union & Planters' Bank of Memphis v. City of Memphis
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 21, 1901
    ...6 Sup.Ct. 1194, 29 L.Ed. 629; Hanley v. Donoghue, 116 U.S. 1, 6 Sup.Ct. 242, 29 L.Ed. 535; Candee v. Clark, 2 Mich. 257; Armstrong v. Carson, 2 Dall. 302, 1 L.Ed. 391; Miles v. Caldwell, 2 Wall. 35, 17 L.Ed. Green v. Sarmiento, 3 Wash.C.C. 17, Fed. Cas. No. 5,760; King v. Asylum, 12 C.C.A. ......
  • Ex Parte Anderson
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 15, 1904
  • Kroner v. City of Portland
    • United States
    • Supreme Court of Oregon
    • November 3, 1925
  • COM'RS OF HWYS. OF TOWNS OF ANNAWAN, ET AL. v. US
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • February 23, 1979
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT