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eBook details

• Title: Charles A. Davis, Consul General of the King of Saxony, Plaintiff in Error v. Isaac Packard
• Author : United States Supreme Court
• Release Date : January 01, 1832
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

This case comes up on a writ of error to the court for the correction of error in the state of New York, being the highest court of law in that state in which a decision in this suit could be had. And a motion has been here made to dismiss the writ of error for want of jurisdiction in this court. From the record returned to this court, it appears, that the cause went up to the court for the correction of errors in New York upon a writ of error to the supreme court of that state; and that in the court of errors, the plaintiff assigned as error in fact, that he Charles A. Davis, before and at the time of the commencement of the suit against him, was, and ever since hath continued to be, and yet is consul general in the United States of his majesty, the king of Saxony, duly admitted and proved as such by the president of the United States. And being such consul, he ought not, according to the constitution and laws of the United States, to have been impleaded in the said supreme court, but in the district court of the United States for the southern district of New York, or in some other district court of the said United States, and that the said supreme court had not jurisdiction, and ought not to have taken to itself the cognizance of the said cause. To this assignment of errors, the defendants in error answered, that there is no error in the record and proceedings aforesaid, nor in giving the judgment aforesaid, because they say, that it no where appears by the said record, proceedings, or judgment, that the said Charles A. Davis ever was consul of the king of Saxony, and they pray that the said court for the correction of errors may proceed to examine the record and proceedings aforesaid, and the matter, aforesaid, above assigned for error, and that the judgment aforesaid may be in all things affirmed.

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