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eBook details

• Title: United States, Appellants v. Nathaniel Cox
• Author : United States Supreme Court
• Release Date : January 01, 1837
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

APPEAL from the District Court for the Eastern District of Louisiana. On the 18th of September 1833, Cox, the defendant in error, applied, by petition, to the judge of the district court of the United States for the eastern district of Louisiana, for an injunction, to forbid all further proceedings on a warrant, then in the hands of the marshal, issued by the solicitor of the treasury, under the act of the 15th of May 1830, and by which the marshal was directed to levy and collect the sum of $4163.50, then appearing to be due from said Cox, as a receiver of public moneys at New Orleans, to the United States. The petitioner alleged, that he was not indebted to the United States, but that they were indebted to him, in certain amounts which should be set off, or compensated, against the balance claimed under the warrant; and which, being allowed, would leave a balance due him from the United States of $4510.37. He, therefore, prayed, that an injunction might be granted; that the amount claimed by the warrant be declared satisfied and compensated; that the cause be tried by a jury; and that he have all other and further relief to which he might be entitled. Security being given, the injunction was issued as prayed for; a citation was issued to the marshal, and on affidavit of Cox, the cause was continued until the 6th of March 1835; when the court ordered the district-attorney to show cause, on the first day of the next term, why the facts arising in the case should not be tried by a jury. This rule having been argued, was subsequently made absolute by the court; and it was referred to a jury to settle whether Nathaniel Cox was entitled to the credits claimed in his petition or any of them. On the 9th of January 1836, the cause was tried by a jury, who found that Cox was not indebted to the United States; but that on the contrary, the United States were indebted to him in the sum of $1559.64. The court thereupon made the injunction perpetual, and certified that the United States are indebted to the said Nathaniel Cox in the sum of 1559.64. The United States, on the trial, took three several exceptions:

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