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eBook details

• Title: Joseph Fleming and William A. Marshall, Trading Under the Firm of Fleming & Marshall v. James Page
• Author : United States Supreme Court
• Release Date : January 01, 1850
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

THIS case came up from the Circuit Court of the United States for the Eastern District of Pennsylvania, on a certificate of division in opinion between the judges thereof. It was an action brought by Fleming and Marshall against Page, collector of the port of Philadelphia, in one of the State courts of Pennsylvania, in 1847, to recover back certain duties on goods, wares, and merchandise, imported into the port of Philadelphia from Tampico, in Mexico, in March and June of that year. The case was afterwards, in 1848, taken into the Circuit Court of the United States for the Eastern District of Pennsylvania, and was tried May term, 1849, when the jury found for the plaintiffs. A motion was thereafter made, on behalf of the United States, to set aside the verdict, and for a new trial, on the grounds,–– 1st. That the learned judge erred in charging the jury that, in the year 1847, Tampico was not a portion of a foreign country within the meaning of the first section of the act of Congress of the United States passed 30th July, 1846, entitled 'An act reducing the duties on imports, and for other purposes.' 2d. That the learned judge erred in charging the jury that, in the year 1847, Tampico was so far under the dominion of the United States, that goods, wares, and merchandise imported from that port into Philadelphia, in March and June of that year, were not subject to the payment of duties.

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