Supreme Court of the United States, 1854

Davenport v. Fletcher

Supreme Court of the United States · Decided May 18, 1854 · McLean, Gurley, Clerk

57 U.S. 142; 14 L. Ed. 879; 16 How. 142; 1850 U.S. LEXIS 1545 (United States Reports)

Counsel

On the 12th of December, 1853, Mr. Perin, on behalf of the defendants in error,, On the 6th of January, 1854, Mr. Dimccm, on behalf of the plaintiffs in. error,, “ F. Fletcher et al. v. John Davenport's Heirs. No. 1320., The motion to dismiss was argued by Mr. Perm, for the defendants in error, and by Mr. Duncan and Mr. Coxe, for the plaintiffs in error.

Cases that cite this one

6 later published cases cite this decision.

Danenberg v. Cohen (7th Cir. 1954)
The Bylands (5th Cir. 1916)
Estis v. Trabue (Supreme Court of the United States 1888)
Roesel v. State (N.J. 1898)
Walton v. Marietta Chair Co. (Supreme Court of the United States 1895)
Whitlock v. Willard (Fla. 1881)

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. Justice McLEAN

delivered the opinion of the court.

A motion has been made for a dismissal of this cause.

1. Because the judgment is not properly described in the •writ of error.

2. Because the bond is given to a person who is not a party to the judgment.,

3. Because the citation issued, is issued to a person- who is not a party.

The.objections are all founded in fact, and upon the authority of Samuel Smyth v. Strader, Perine & Co., 12 How. 327. The case-is dismissed, with leave, however, to- the counsel for the' plaintiffs, to move for its reinstatement, during the present term.

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