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LIVINGSTON v. SMITH

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30 U.S. 90 (1831)

5 Pet. 90

8 L.Ed. 57

JOHN R. LIVINGSTON, PLAINTIFF IN ERROR, vs. MOSES SMITH, DEFENDANT IN ERROR.

Supreme Court of United States.

January 22, 1831.

Attorney(s) appearing for the Case

The case was argued for the plaintiff in error by Mr Frelinghuysen; and by Mr Coxe for the defendant.

Mr Coxe, for the defendant in error,

Mr Justice JOHNSTON delivered the opinion of the Court.

The facts and merits of this case lie in a very narrow compass.

The action is replevin, sued out of the circuit court of the United States for the district of New Jersey. The case presented by the pleadings is this. In the year 1827, one Higgins sued out several attachments in the state court, both against this plaintiff and one R.M. Livingston. Smith is sheriff...

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