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KENDALL v. THE UNITED STATES

37 U.S. 524 (1838)

12 Pet. 524

AMOS KENDALL, POSTMASTER GENERAL OF THE UNITED STATES, PLAINTIFF IN ERROR v. THE UNITED STATES, ON THE RELATION OF WILLIAM B. STOKES ET AL.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was argued by Mr. Key and by Mr. Butler, the attorney general, for the plaintiff in error; and by Coxe and Mr. Johnson for the defendants.

Mr. Key, for the appellant.

Mr. Butler, attorney general, in reply:

It has been correctly said, by the learned counsel for the defendants in error, that all the facts alleged in the petition are admitted in the return. On the relators' own showing, it was believed that the mandamus could not legally be issued: the return, therefore, set up no traversable matter of fact; but merely stated objections, in point of law, to the relators' application. It was substantially a demurrer to the petition. The...

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