MAYHEW
v.
THATCHER ET AL.

U.S. | 1821-02-12
6 Wheat. 129 Supreme Court of the United States (1821) Negative Treatment
Also reported at: 5 L. Ed. 223 · 1821 U.S. LEXIS 349 · SCDB 1821-007
Cited by 8 cases
Opinion of the Court
Mr. Chief Justice Marshall

Mr. Chief Justice Marshall delivered the opinion of the Court, that as by the local laws and practice of Louisiana, questions of fact in civil cases were tried by the Court, unless either of the parties demanded a jury,, the interest upon the original judgment in Massachusetts might be computed, and make a part of the judgment in Louisiana, without a writ of inquiry and the intervention of a jury. And that although the original suit was commenced, by an-attachment, yet that the defendant, Mayhew, had personal notice of the suit, and afterwards appeared and took defence, so that. even, supposing there was any objection to the proceeding by attachment, it was cured, by the appearance of the defendant, and his litigating the suit.

Judgment affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Pope v. United States, 323 U.S. 1 (U.S. 1944)
    …s of record, to fix the amount which the plaintiff is lawfully entitled to recover and to give judgment accordingly. Renner & Bussard. v. Marshall, 1 Wheat. 215; Aurora City v. West, 7 Wall. 82, 104; Clements v. Berry, supra; cf. Mayhew v. Thatcher, 6 Wheat. 129. In all these cases the court determines that the unchallenged facts shown of record establish a legally binding obligation; it adjudicates the plaintiffs right of recovery and the extent of it, both of which are essential elements of the judgment.…
  • D'Arcy v. Ketchum, 11 How. 165 (U.S. 1850)
  • Stacy v. Thrasher, 6 How. 44 (U.S. 1848)

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw