Dennie v. Harris
Dennie v. Harris
Opinion of the Court
Some question has been made in respect to the effect of mandates like the one now attempted to be enforced. We are all fully of the opinion, that where the Supreme Court of the United States have jurisdiction, their authority is supreme. At the same time, this Court is not to be considered as a mere machine, to execute the decrees of the Supreme Court of the United States, without power to inquire into the grounds of their proceedings, in order to ascertain whether they may not inadvertently have made a mistake.
This action is trover for taking goods previously attached. It was tried on the question, whether, supposing the attachment valid, the officer of the United States, on a precept of the United States, could take the goods out of the possession of the plaintiff, and whether there was a lien for duties on other goods, which would vacate the attachment.
This Court thought that the lien was restricted to the duties on the particular goods, and this opinion is affirmed by the Supreme Court of the United States.
This Court were of opinion, that as the plaintiff had possession of the goods, the United States officer could not lawfully take them out of his hands. The court of the United States considered that there was no possession in the plaintiff. So far as the opinion of that court goes, that the goods were not liable to attachment by the plaintiff while they were in the
Judgment on the verdict for the defendant.
See Souhegan Factory v. M'Conike, 7 N. Hamp. R. 323.
Reference
- Full Case Name
- James Dennie versus Samuel D. Harris
- Status
- Published