PIERCE ET AL.
v.
CARSKADON

U.S. | 1872-12-01
16 Wall. 234 Supreme Court of the United States (1872) Positive Treatment
Also reported at: 21 L. Ed. 276 · 1872 U.S. LEXIS 1152 · SCDB 1872-056
Cited by 22 cases
Opinion of the Court
Mr. Justice FIELD

Mr. Justice FIELD delivered the opinion of the court.

This case is covered in every particular by the decisions of this court in Cummings v. The State of Missouri, and in Ex parte Garland, reported in 4th Wallace. Upon the authority of those decisions the judgment of the Supreme Court'of West Virginia must be reversed, and the cause remanded for further proceedings; and it is

So ORDERED.

Dissent
BRADLEY, J.,

BRADLEY, J.,

dissented from the judgment, on the [*240] ground that the test oath in question was one which it was competent for the State to exact as a war measure in time of civil war.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Page v. Watson, 140 Fla. 536 (Fla. 1938)
    …quires a license. One qualified in all respects has a right to a license, but one not qualified has no right whatever.” Counsel for respondent cite United States v. Swift, 186 Fed. 1002; Thompson v. United States, 202 Fed. 401; Pierce v. Carskadon, 16 Wall. 234, 83 U. S. 234, 21 L. Ed. 276; Tate v. Baugh, 252 Fed. 316; Illinois Central R. Co. v. Bosworth, 133 U. S. 92, 33 L. Ed. 550, 10 Sup. Ct. Rep. 231; Boyd v. United States, 142 U. S. 450, 35 L. Ed. 1077, 12 Sup. Ct. Rep. 292. An examination shows that…
  • Trop v. Dulles, 356 U.S. 86 (U.S. 1958)
    …legislative enactment is relevant to this decision. See, generally, Wormuth, Legislative Disqualifications as Bills of Attainder, 4 Vand. L. Rev. 603, 608-610; 64 Yale L. J. 712, 722-724. E. g., United States v. Lovett, supra; Pierce v. Carskadon, 16 Wall. 234; Ex parte Garland, 4 Wall. 333; Cummings v. Missouri, 4 Wall. 277. E. g., Mahler v. Eby, 264 U. S. 32; Hawker v. New York, 170 U. S. 189; Davis v. Beason, 133 U. S. 333; Murphy v. Ramsey, 114 U. S. 15. See Gathings, Loss of Citizenship and Civil R…
  • Flemming v. Nestor, 363 U.S. 603 (U.S. 1960)
    …the First Amendment, since the adverse consequences stemmed from “mere past membership” in the Communist Party. This contention, which is no more than a collateral attack on appellee’s deportation, is not open to him. See also Pierce v. Carskadon, 16 Wall. 234. A West Virginia statute providing that a nonresident who had suffered a judgment in an action commenced by attachment, but in which he had not been personally served and did not appear, could within one year petition the court for a reopening of th…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw