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CHAIRES ET AL. v. THE UNITED STATES

44 U.S. 611 (1845)

3 How. 611

JOSEPH CHAIRES, EXECUTOR OF BENJAMIN CHAIRES, DECEASED, AND PETER MIRANDA AND GAD HUMPHREYS, APPELLANTS, v. THE UNITED STATES.

Supreme Court of United States.

Attorney(s) appearing for the Case

Berrien, for the appellants.

Nelson, (attorney-general,) for the United States.

Mr. Justice CATRON delivered the opinion of the court.

On the facts presented, one consideration is whether the petition was dismissed for a proper reason. The petition was moved on by the claimant's counsel — and resisted on the ground that it had not been filed within the time allowed by law, and the rules of the court: and it is insisted it was dismissed for this reason, which is insufficient; as the bar of five...

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