Brooks v. Marbury

by John Marshall

United States Supreme Court

24 U.S. 78

Brooks  v.  Marbury

ERROR to the Circuit Court for the District of Columbia.

This is the same case which is reported ante, vol. VII. p. 566. The judgment of the Court below was then reversed, and a venire de novo awarded. At the new trial, exceptions were taken to the instructions given by the Court to the jury; and the cause having again been brought before this Court for revision, was argued by Mr. Jones and Mr. Coxe, for the plaintiff, ^[1] and by the Attorney General and Mr. Key, for the defendant. ^[2]

Feb. 10th.

Mr. Chief Justice MARSHALL delivered the opinion of the Court.

Notes

1. They cited 6 Harris & Johns. Rep. 234. Hamilton v. Russell, 1 Cranch's Rep. 310. Hildreth v. Sands, 2 Johns. Ch. Cas. 35. Edwards v. Harlin, 2 Term Rep. 587.
2. They cited Marbury v. Brooks, 7 Wheat. Rep. 556. Wheaton v. Sexton 4 Wheat. Rep. 503. Astor v. Wells, 4 Wheat. Rep. 466. Sands v. Hildreth, 14 Johns. Rep. 493. was recorded in the record book for the county in which the parties resided, on the 3d of January, 1820. Immediately after executing this deed, the said Fitzhugh absconded; and on the 10th of February thereafter, the plaintiff sued out an attachment to attach his effects in the hands of the said Marbury. The garnishee denies that he has any effects of the said Fitzhugh in his hands which can be affected by the attachment, the same not being sufficient to satisfy the creditors enumerated in the deed which has been mentioned. The plaintiff contests the validity of that deed. The jury found a verdict in favour of its validity, upon which the Circuit Court rendered a judgment against the plaintiff, which he has brought before this Court by a writ of error. In the course of the trial, exceptions were taken by the counsel for the plaintiff to some opinions given by the Court, and to its refusal to give others for which they applied. The correctness of the opinions given, and of the refusal of those not given, will now be considered.