15 U.S. 119 (1817) 2 Wheat. 119 THE UNITED STATES v. SHELDON. Supreme Court of United States. February 12, 1817. February 26, 1817. THIS cause was argued by the Attorney General, for the United States, and by Mr. Hopkinson, for the defendant. Mr. Justice WASHINGTON delivered the opinion of the court. The defendant, George Sheldon, was indicted in the circuit court for the district of Vermont, for transporting, over land, in November, 1813, a certain number of fat oxen, cows, steers, and heifers,...
15 U.S. 390 (1817) 2 Wheat. 390 The UNION BANK of Georgetown v. LAIRD. Supreme Court of United States. March 14, 1817. March 15, 1817. *392 The cause was argued by Mr. Swann, for the appellants, and by Mr. Jones, for the respondent. Mr. Justice STORY delivered the opinion of the court. *393 The principal question is, whether, under the circumstances of this case, Laird, the original plaintiff, has a right to a transfer from the bank, of the fifty shares of its capital stock, standing in the...
15 U.S. 148 4 L. Ed. 206 2 Wheat. 148 The WILLIAM KING— Davis et al. Claimants. February 14, 1817 APPEAL from the circuit court for the district of New-York. A libel was filed against this vessel in the district court of New-York, March, 1809, for a breach of the act of the 22d of December, 1807, laying an embargo, and the several acts supplementary thereto, alleging, that she proceeded from Baltimore, without any clearance or permit, bound on a voyage to Exuma, one of the Bahama islands, where...
15 U.S. 248 4 L. Ed. 231 2 Wheat. 248 The UNITED STATES v. TENBROEK. March 15, 1817 ERROR to the circuit court for the district of Pennsylvania. This was an action of debt commenced in the district court in Pennsylvania, by the United States against the defendant in error, to recover a penalty alleged to have been incurred for using a still, and distilling spirituous liquors, without having a license therefor, as required by an act of congress passed on the 24th of July, 1813. This act imposes...
15 U.S. 395 4 L. Ed. 271 2 Wheat. 395 The UNITED STATES v. BARKER. February Term, 1817 March 15th. Mr. Balduin , for the plaintiffs in error, moved to dismiss the writ of error in this case, as having been improvidently allowed, the cause having been carried up from the district to the circuit court of New-York by writ of error and, according to the former decisions of this court, a writ of error does not lie to carry to this court a civil cause which has been carried from the district to the...
15 U.S. 132 (1817) 2 Wheat. 132 The SAN PEDRO Valverde, Claimant. Supreme Court of United States. February 13, 1817. March 1, 1817. *133 The Attorney General, for the United States. Mr. Harper, contra. *137 Mr. Justice WASHINGTON delivered the opinion of the court. This is an admiralty case brought into this court from the superior court of the Mississippi Territory by writ of error, and a preliminary question has been made, and is now to be decided, whether this is the proper process for...
15 U.S. 227 (1817) 2 Wheat. 227 The PIZARRO Hibberson and Yonge, Claimants. Supreme Court of United States. February 27, 1817. March 5, 1817. *230 Mr. Winder, for the appellants and captors. Mr. Key and the Attorney-General for the respondents and claimants. *239 Mr. Justice STORY delivered the opinion of the court, and after stating the facts, proceeded as follows: A preliminary objection has been taken in the argument at bar to the regularity of the proceedings in this cause, and it is...
15 U.S. 123 (1817) 2 Wheat. 123 The MARY. Supreme Court of United States. February 12, 1817. February 14, 1817. *126 Mr. Jones, for the appellants. Mr. Webster, contra. *130 Mr. Justice JOHNSON delivered the opinion of the court. We are of opinion that the facts stated, in this appeal, make a clear case of tortious dispossession on the part of the Paul Jones. The privateer Cadet had, with great gallantry, captured the Mary, and been in possession of her part of a night and day. The prize was...
15 U.S. 396 (1817) 2 Wheat. 396 THELUSSON et al. v. SMITH. Supreme Court of United States. March 13, 1817. *398 Mr. Hopkinson, for the plaintiffs in error. *407 Mr. Jones, contra. *423 Mr. Justice WASHINGTON delivered the opinion of *424 the court, and after stating the facts, proceeded as follows. Two questions were made in the circuit court. 1st. At what time a judgment nisi on an award of arbitrators, made under an order of court, binds the real estate of the defendant against whom the award...
15 U.S. 371 (1817) 2 Wheat. 371 The LONDON PACKET. Merino, Claimant. Supreme Court of United States. March 5, 1817. March 10, 1817. March 13, 1817. *372 Mr. D.B. Ogden, for the claimant. [Mr. Chief Justice MARSHALL. The court is of opinion that the affidavit transmitted from the circuit court may be now read. But as to the new proof now offered by the claimant, it is the practice of this court to hear the cause in the first instance, upon the evidence transmitted from the circuit court, and to...
15 U.S. 278 (1817) 2 Wheat. 278 The GEORGE. Supreme Court of United States. March 6, 1817. March 15, 1817. *279 The cause was argued by Mr. Webster and Mr. G. Sullivan, for the captors, and by the Attorney-General, for the United States. Mr. Justice JOHNSON delivered the opinion of the court. This is one of those cases which too often occur in courts exercising admiralty jurisdiction, in which the court is left to decide between the most positive testimony on the one hand, and the most...
15 U.S. 161 2 Wheat. 161 4 L. Ed. 209 The FORTUNA— Krause , et al. Claimants. March 17, 1817 APPEAL from the circuit court for the district of North Carolina. This ship, sailing under Russian colours, left Riga on the 2d of September, 1813, for London, where she arrived; and from thence sailed on the 18th of November, 1813, in ballast, on a voyage to the West-Indies; took a British convoy at Portsmouth, in England, and proceeded with it to Barbadoes, and thence to Jamaica. From thence she...
15 U.S. 161 (1817) 2 Wheat. 161 The FORTUNA Krause, et al. Claimants. Supreme Court of United States. February 15, 1817. March 17, 1817. *164 Mr. Gaston, for the appellants and claimants. Mr. Wirt, contra. *168 Mr. Justice JOHNSON delivered the opinion of the court, ordering this cause to farther proof, open to both parties. ORDER. It is ordered, in this cause, that both *169 parties have liberty to produce farther proof; that all examinations of witnesses be taken under commission...
15 U.S. 345 (1817) 2 Wheat. 345 The ELEANOR. Donnell, claimant. Supreme Court of United States. March 12, 1817. March 15, 1817. *348 Mr. Key, for the appellant. Mr. D.B. Ogden, contra. *355 Mr. Justice JOHNSON delivered the opinion of the court. This case presents two questions, 1st. Are the appellees entitled to recover *356 2. Does their right of recovery extend to the commander of the squadron In whatever view the case be considered, it is one of extreme hardship; both the claim and the...
15 U.S. 76 (1817) 2 Wheat. 76 The Dos HERMANOS Green, Claimant. Supreme Court of United States. February 11, 1817. March 3, 1817. *78 Mr. Harper, for the appellant and claimant. Mr. Key, contra. *79 Mr. Justice STORY delivered the opinion of the court. Before we consider the merits of this claim it may not be unfit to advert to some of the principles applicable to proceedings in prize causes, which seem to have been wholly neglected in the progress of this cause. It is the established rule in...
15 U.S. 169 2 Wheat. 169 4 L. Ed. 211 The BOTHNEA and the JAHNSTOFF. March 4, 1817 APPEAL from the circuit court for the district of Massachusetts. From the papers found on board these vessels, and the preparatory examinations in the court below, it appeared that they were foreign vessels, having on board, as was admitted on all sides, false and simulated Swedish papers. They both sailed from Halifax, N. S., about the 24th of November, 1813, laden with cargoes of British manufactured goods,...
15 U.S. 143 (1817) 2 Wheat. 143 The ARIADNE. Goddard et al. Claimants. Supreme Court of United States. February 14, 1817. *144 Mr. G. Sullivan, for the appellants and claimants, offered to read farther proof, taken under the standing rule of the court, (25th rule, Feb. term, 1816.) Mr. Woodward, and Mr. C.J. Ingersoll, for the captors. *147 Mr. Justice WASHINGTON delivered the opinion of the court. The view of the court is, that this case cannot be distinguished from those already decided. It...
15 U.S. 287 (1817) 2 Wheat. 287 The ARGO. Supreme Court of United States. March 7, 1817. March 11, 1817. *288 Mr. Webster, for the claimants. The Attorney-General, contra. Mr. Chief Justice MARSHALL delivered the opinion of the court. *289 On considering the 30th section of the judiciary act of 1789, the court is of opinion that the provision, as to taking depositions de bene esse, does not apply to cases pending in this court. In terms, the provision refers to cases in the district and circuit...
15 U.S. 327 (1817) 2 Wheat. 327 The ANNA MARIA. Supreme Court of United States. March 11, 1817. March 13, 1817. *328 This cause was argued by Mr. Harper and Mr. Swann, for the appellants; and by Mr. Winder and Mr. Jones, for the respondents. *331 Mr. Chief Justice MARSHALL delivered the opinion of the court, and after stating the facts proceeded as follows: To sustain the claim of the libellants, the first point to be established is, the fairness of the voyage. It being admitted that the vessel...
15 U.S. 1 (1817) 2 Wheat. 1 SLOCUM v. MAYBERRY et al. Supreme Court of United States. February 12, 1817. *2 John Slocum, the plaintiff in error. The Attorney-General for the plaintiff in error. *5 Mr. Hunter, contra. *9 Mr. Ch. J. MARSHALL delivered the opinion of the court, and after stating the facts, proceeded as follows: In considering this case, the first question which presents itself is this: Has the constitution, or any law of the United States, been violated or misconstrued by the...
