CARY v. CURTIS


44 U.S. 236 (1845)

3 How. 236

WILLIAM F. CARY AND SAMUEL T. CARY, PLAINTIFFS, v. EDWARD CURTIS.

Supreme Court of United States.


Attorney(s) appearing for the Case

The cause was argued (in writing) by Sullivan, for the plaintiffs in error, and Nelson, attorney-general, for the defendant.

Sullivan, for plaintiffs.


Mr. Justice DANIEL delivered the opinion of the court.

In order to arrive at the answer which should be given to the question certified upon this record, the objects first to be sought for are the intention and meaning of Congress in the enactment of the 2d section of the act of March 3d, 1839, under which the question sent here has been raised. The positive language of the statute, it is true, must control every other rule...

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