Bank of the United States v. Green and Others

31 U.S. 26, 8 L. Ed. 307, 6 Pet. 26, 1832 U.S. LEXIS 452

Opinion

Mr- Chief Justice Marshall

delivered the opinion of the court: that the case was not within the jurisdiction of this court. The division of opin.ion was not upon any matter arising at'the trial of the - cause, but was,upon a mere matter arising" upon the service of the execution by the marshal; and was a mere question for the circuit court upon a collateral contest between the marshal and the bank, as to his-right to fees. ■ It was not therefore a case within the purview of the judicial act of Í8Ó2.