Taylor v. Morton

This was a writ of error to the Circuit Court of the United States for the District of Massachusetts. It was like the case of Curtis vs. Fiedler, (supra), an action of assumpsit against a collector of customs for exacting excessive duties on an importation of hemp from Russia. The questions raised and argued in the Court below were the same as those presented to the Circuit Court of New York, in Curtis vs. Fiedler; but they were decided differently, the verdict and judgment in this case being in favor of the defendant, and it was the plaintiff who took this writ of error. It did not, however, appear from the record that the ruling of the Court, on any question of law, was objected to on the trial, and there was no bill of exceptions which made either the evidence or the instructions of the Court a part of the record.

The same counsel appeared in this cause and in the other, namely:

Mr. Cushing and Mr. Gillet, for the Plaintiff below; and

Mr. Coffey and Mr. Butler, for the Defendant below.

Both cases were argued together. But on the part of this defendant in error the counsel suggested that the writ of error ought to be dismissed, without considering the questions attempted to be raised by the other side.

Mr. Justice CLIFFORD.