[DOWNLOAD] "Buck v. Colbath" by United States Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: Buck v. Colbath
• Author : United States Supreme Court
• Release Date : January 01, 1865
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Mr. Peckham, for the marshal, plaintiff in error, contended that the question whether the fact of his office, set up by the marshal, was or was not a sufficient defence to the suit brought against him, had been settled in the affirmative by the case of Freeman v. Howe in this court.1 In that case White sued a railway company in the Federal court and the marshal attached a number of rail-cars: seizing and taking them into his own possession. While thus in his custody, the sheriff, under process from one of the State courts, sought to take them out of his possession under a writ of replevin. The marshal, in the replevin suit, set up by way of defence the authority under the Federal court by which he held the property; in other words, that he held it as marshal of the United States. And this court held that a sufficient defence. If the present action were replevin instead of trespass it cannot be doubted that the plaintiff below would fail. The fact that the suit is one of trespass makes no difference. The thing has nothing to do with forms of action. The court, we may almost say, so declared in Freeman v. Howe. Quoting a former case in this court,2 and declaring specifically that they 'agree' to it, they say:

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