Birch v. Butler

U.S. Circuit Court for the District of District of Columbia

Birch v. Butler

3 F. Cas. 424, 1 Cranch 319

CourtU.S. Circuit Court for the District of District of Columbia

DecidedJune 15, 1806

StatusPublished

This text of 3 F. Cas. 424 (Birch v. Butler) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birch v. Butler, 3 F. Cas. 424, 1 Cranch 319 (circtddc 1806).

Pincite

Opinion

THE COURT

stopped Mr. F. S. Key as to the 1st objection.

Mr. F. S. Key. As to 2d, the omission of the Christian name does not affect the merits. This objection would not prevail on a motion in arrest of judgment. It could only be taken advantage of by a special demurrer.

THE COURT refused to quash the attachment and suffered.the plaintiff to amend the capias and attachment, by inserting the Christian names. They did not think it necessary that the plaintiffs should aver themselves to be citizens of the United States.

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THE COURT

stopped Mr. F. S. Key as to the 1st objection.

Mr. F. S. Key. As to 2d, the omission of the Christian name does not affect the merits. This objection would not prevail on a motion in arrest of judgment. It could only be taken advantage of by a special demurrer.

THE COURT refused to quash the attachment and suffered.the plaintiff to amend the capias and attachment, by inserting the Christian names. They did not think it necessary that the plaintiffs should aver themselves to be citizens of the United States.

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Bluebook (online)

3 F. Cas. 424, 1 Cranch 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birch-v-butler-circtddc-1806.