UNITED STATES
v.
HAMILTON

U.S. | 1883-10-15
109 U.S. 63 Supreme Court of the United States (1883) Negative Treatment
Also reported at: 27 L. Ed. 857 · 3 S. Ct. 9 · 1883 U.S. LEXIS 929 · SCDB 1883-005
Cited by 72 cases
Opinion of the Court
Mr. Justice Bradley

Mr. Justice Bradley delivered the opinion of the court.

The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580, we decided the precise point, that this court cannot take cognizance of a division of opinion between the judges of a circuit court upon a motion to quash an indictment. This decision was re-affirmed in United States v. Avery, 13 Wall. 251, and in United States v. Canda, decided at October term 1881.

The ease, not being properly before us, is dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (30 total)

  • Hans v. Louisiana, 134 U.S. 1 (U.S. 1890)
    …hest in sustaining suits against the officers or agents of States. Osborn v. Bank of United States, 9 Wheat. 738; Davis v. Gray, 16 Wall. 203; Board of Liquidation v. McComb, 92 U. S. 531; United States v. Lee, 106 U. S. 196; Poindexter v. Greenhow, 109 U. S. 63; Virginia Coupon Cases, 114 U. S. 269. In all these cases the effort was to show, and the court held, that the suits were not against the State or the United States, but against the individuals ; conceding that if they had been against either the St…
  • Logan v. United States, 144 U.S. 263 (U.S. 1892)
    …ash the indictment. A motion to quash an indictment is ordinarily addressed to the discretion of the eoürt, and therefore a refusal to quash cannot generally be assigned for error. United States v. Rosenburgh, 7 Wall. 580; United States v. Hamilton, 109 U. S. 63. But the motion in this case appears to have been intended and understood to include an exception, which, according to the practice in Louisiana and Texas, is equivalent to a demurrer. And the same question is distinctly presented by the judge’s ref…
  • Howard v. Fleming, 191 U.S. 126 (U.S. 1903)

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