RANKIN ET AL. v. HOYT


45 U.S. 327 (1846)

4 How. 327

ALEXANDER RANKIN, CUNNINGHAM SMITH, GEORGE C.C. THURGER, AND JOHN McCALL, PLAINTIFFS IN ERROR, v. JESSE HOYT.

Supreme Court of United States.


Attorney(s) appearing for the Case

The cause was argued by Mr. Dudley Selden for the plaintiffs in error, and Mr. Mason (Attorney-General), for the defendant in error.


Mr. Justice WOODBURY delivered the opinion of the court.

The right of the plaintiffs to recover in this case, and consequently to have a reversal of the judgment rendered in the Circuit Court, must depend on the legality of the course pursued by the defendant.

No question has been made by counsel, that an action in this particular form cannot be maintained against a collector of the customs, if the course pursued by him was illegal, or that the protest against...

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