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Boyle v. Zacharie

Hugh Boyle, Plaintiff in Error v. Zacharie and Turner, Defendants in Error

Boyle v. Zacharie, 31 U.S. (6 Pet.) 348 (1832)
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Court
Supreme Court of the United States
Decided
January 1, 1832
Judges
Marshall
Citations
31 U.S. 3488 L. Ed. 4236 Pet. 3481832 U.S. LEXIS 479
Headnotes
The judges of this court, who were in the minority of the court upon the general question as to the constitutionality of state insolvent laws, concurred in the opinion of Mr Justice Johnson, in the case of Ogden v. Saunders, 12 Wheaton, 213. That opinion is therefore to be deemed: the opinion of the other judges, who-assented to that judgment. Whatever principles are established in that •' opinion, are to be considered no longer open for controversy, hut the settled law of the court. ■
Summary
ERROR to the circuit court of the district of Maryland.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Marshall

Mr Chief Justice Marshall said.

The judges who were in the minority of the court upon the general question as to .the constitutionality of state-insolvent'laws, concurred in the opinion of Mr Justice Johnson in the case of Ogden v. Saunders. That opinion is therefore to be deemed the opinion, of the other-judges who. assented to that judgment. Whatever principles are established in that opinion, are to be considered no longer .openTor. controversy, but the settled, law of the court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 36 cases

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1832–1833: 11834–1835: 11836–1837: 11840–1841: 11846–1847: 11848–1849: 31852–1853: 41854–1855: 11856–1857: 11858–1859: 21860–1861: 11862–1863: 21864–1865: 11868–1869: 11870–1871: 11872–1873: 11878–1879: 11882–1883: 21886–1887: 11888–1889: 11892–1893: 11896–1897: 21900–1901: 11914–1915: 11926–1927: 11936–1937: 11972–1973: 118322026peak 1852 · 4

Relies on it most ⓘ

  1. Poe v. Duck5 Md. 1 (1853)
  2. Hawley v. Hunt27 Iowa 303 (1869)
  3. United States v. McCullagh221 F. 288 (D. Kan. 1915)
  4. Baton Rouge Rice Mill, Inc. v. Fairbanks, Morse & Co.114 So. 633 (La. 1927)
  5. Fareira v. Keevil18 Mo. 186 (1853)
  6. People v. Anderson205 N.W.2d 461 (Mich. 1973)

Most recent

  1. People v. Anderson205 N.W.2d 461 (Mich. 1973)
  2. Baltimore & Ohio Railroad v. United States298 U.S. 349 (1936)
  3. Baton Rouge Rice Mill, Inc. v. Fairbanks, Morse & Co.114 So. 633 (La. 1927)
  4. United States v. McCullagh221 F. 288 (D. Kan. 1915)
  5. Borcherling v. United States35 Ct. Cl. 311 (Ct. Cl. 1900)
  6. Second Ward Savings Bank v. Schranck39 L.R.A. 569 (Wis. 1897) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ogden v. Saunders, 25 U.S. (12 Wheat.) 213 (1827) 868

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