EX PARTE THE UNITED STATES, IN THE MATTER OF THE UNITED STATES, PLAINTIFFS
v.
ANSON G. PHELPS, ELISHA PECK AND WILLIAM E. DODGE
EX PARTE THE UNITED STATES, IN THE MATTER OF THE UNITED STATES, PLAINTIFFS
ANSON G. PHELPS, ELISHA PECK AND WILLIAM E. DODGE
8 Pet. 700
Supreme Court of the United States (1834)
Also reported at: 8 L. Ed. 1094 · 1834 U.S. LEXIS 620 · SCDB 1834-062
Cited by 1 case
Opinion of the Court
Mr Chief Justice Marshall.
The court are unanimous in refusing the motion. The object of the section in the duty law is to secure the prompt collection of duties, indisputably ascertained. When there are errors in calculating the duties, and they are alleged on affidavits, the delay of one term is allowed. And where there is a real defence, an opportunity to obtain evidence by a continuance, according to the circumstances of the case, must be given. There cannot be a case of this description where the opportunity should be denied.
Mandamus refused, and the motion overruled.