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BARRON v. THE MAYOR AND CITY COUNCIL OF BALTIMORE

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32 U.S. 243 (1833)

7 Pet. 243

8 L.Ed. 672

JOHN BARRON, SURVIVOR OF JOHN CRAIG, FOR THE USE OF LUKE TIERNAN, EXECUTOR OF JOHN CRAIG, v. THE MAYOR AND CITY COUNCIL OF BALTIMORE.

Supreme Court of United States.

February 16, 1833.

Attorney(s) appearing for the Case

The counsel for the plaintiff in error, Mr Mayer.

The counsel for the defendants in error, Mr Taney and Mr Scott, were stopped by the court.

Mr Chief Justice MARSHALL delivered the opinion of the Court.

The judgment brought up by this writ of error having been rendered by the court of a state, this tribunal can exercise no jurisdiction over it, unless it be shown to come within the provisions of the twenty-fifth section of the judicial act.

The plaintiff in error contends that it comes within that clause in the fifth amendment to the constitution, which inhibits the taking of private property for...

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