BEALL v. NEW MEXICO

Not in source.

83 U.S. 535 (1873)

16 Wall. 535

21 L.Ed. 292

BEALL, v. NEW MEXICO.

Supreme Court of United States.

February 3, 1873.


Attorney(s) appearing for the Case

Mr. W.M. Evarts, for the plaintiff in error; Messrs. W.W. McFarland and L.P. Poland, contra.


Mr. Justice BRADLEY delivered the opinion of the court.

The first error assigned is, that judgment was entered by the Supreme Court against the sureties of the appeal bond as well as against the appellants below. This point depends on the question whether the statute of the Territory authorizing such a judgment is a valid one or not. As the legislative power of the Territory, by the organic act, extends to all rightful subjects of legislation consistent with the Constitution...

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