United States v. Fossatt

THIS was an appeal from the District Court of the United States for the northern district of California.

It was the same case which was before this court at the preceding term, and is reported in 20 Howard, 413. The position of the case is explained in the second opinion of the court, as delivered by Mr. Justice Campbell.

Being so down upon the docket as that there was no probability of reaching it in the regular order of business, a motion was made to take it up out of its regular turn. This motion was argued by Mr. Bayard and Mr. Nelson in favor of it, and by Mr. Black against it.

Mr. Black (Attorney General) remarked, that he could not say that the public business of the Government was obstructed in consequence of the pendency of this appeal.

Upon this motion, Mr. Chief Justice TANEY delivered the opinion of the court.