Harris v. D'Wolf

THIS case came before the court by writ of error to the circuit court of Massachusetts.

In the circuit court, the defendant in error instituted an action of replevin to recover a quantity of merchandize claimed by him under a special assignment executed to him by George D. Wolf and John Smith, to secure debts bona fide due to him, and which merchandize had been seized by Samuel D. Harris, the defendant in the suit, as marshal of the United States, under executions issued at the suit of the United States against George D. Wolf and John Smith, on judgments obtained against them for duties. The marshal claimed to hold the merchandize as subject to the executions; and the cause was tried in the circuit court in December 1827, and a verdict under the charge of the court was given for the plaintiff. At the trial, the defendant prayed the court to give certain instructions to the jury, which the court refused to give; to which refusal the defendant excepted, and prosecuted this writ of error. These instructions appear in the opinion of the court.

The case was submitted to the court without argument, by the counsel.

Mr Chief Justice MARSHALL delivered the opinion of the Court.