Supreme Court of the United States, 1819

The Experiment

Supreme Court of the United States · Decided February 1, 1819 · Marshall

17 U.S. 84; 4 L. Ed. 520; 4 Wheat. 84; 1819 U.S. LEXIS 303 (United States Reports)

Counsel

The Attorney General moved to invoke into this cause depositions taken, on farther proof, in the case of the George, reported ante, vol. I. p. 408.

Cases that cite this one

4 later published cases cite this decision.

Smith v. Time Staffing, Inc. (District Court, N.D. Ohio 2023)
Clay v. Clay (La. Ct. App. 1979)
Stegner v. Blake (United States Circuit Courts 1888)
Johnson v. Watson (Ga. 1846)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Chief Justice Marshall.

Original evidence and depositions taken on the standing interrogatories, may be invoked from one prize cause into another. But depositions taken as farther proof in one cause, cannot be used in another.

Motion refused. a

But in other respects, cases of collusive and joint captures form an exception to the general rules of evidence in prize causes. In cases of this nature, the usual simplicity of the prize proceedings is departed from, because the standing interrogatories are more peculiarly directed to the question of prize or no prize, as between the captor and captured, and are not adapted to the determination of questions of joint or collusive capture. It is, therefore, almost a matter of course to permit the introduction of farther proof in these cases. The George, ante, vol. l.p 408. But this farther proof must be of such a nature as is admissible by the general rules of prize *85 evidence. Under what circumstances these rules permit the invocation of papers and depositions, may be seen, ante, rol. II. Jlppendix, note I. p. 23.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.