Dixon v. Waters

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

Dixon v. Waters

7 F. Cas. 767, 2 D.C. 527, 2 Cranch 527

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

DecidedDecember 15, 1824

StatusPublished

This text of 7 F. Cas. 767 (Dixon v. Waters) 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

Dixon v. Waters, 7 F. Cas. 767, 2 D.C. 527, 2 Cranch 527 (circtddc 1824).

Pincite

Opinion

Moksell, J.,

said that he had concurred in the opinion of the Court in the case of Wise v. Bowen, because the officer was obliged, after receiving the indemnity, to take the goods in execution, and was merely a formal party to the suit, which differs in that case from this, where the defendant is a voluntary bailiff, and not bound by official duty to make the distress.

Cranch, C. J.,

said that he should probably have been of the same opinion with MoRSell, J., if he had known that he did not concur with Thruston, J., in the present case ; as he had doubted of the propriety of the opinion in the case of Wise v. Bowen; and thought the point ought to be reconsidered.

Verdict for the plaintiff.

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Moksell, J.,

said that he had concurred in the opinion of the Court in the case of Wise v. Bowen, because the officer was obliged, after receiving the indemnity, to take the goods in execution, and was merely a formal party to the suit, which differs in that case from this, where the defendant is a voluntary bailiff, and not bound by official duty to make the distress.

Cranch, C. J.,

said that he should probably have been of the same opinion with MoRSell, J., if he had known that he did not concur with Thruston, J., in the present case ; as he had doubted of the propriety of the opinion in the case of Wise v. Bowen; and thought the point ought to be reconsidered.

Verdict for the plaintiff.

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Bluebook (online)

7 F. Cas. 767, 2 D.C. 527, 2 Cranch 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-waters-circtddc-1824.