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THE UNITED STATES v. KING ET AL.

48 U.S. 833 (1849)

7 How. 833

THE UNITED STATES, PLAINTIFFS IN ERROR, v. RICHARD KING AND DANIEL W. COXE, DEFENDANTS.

Supreme Court of United States.

Attorney(s) appearing for the Case

The United States being plaintiffs in error, the argument was opened and concluded by Mr. Toucey, (Attorney-General,) who was replied to by Mr. Coxe and Mr. Gilpin, on behalf of the defendants in error.

Mr. Chief Justice TANEY delivered the opinion of the court.

This case is one of much interest to the parties concerned, and to the public.

The peculiar practice of Louisiana, which has been adopted in the Circuit Court for that District, has produced some embarrassment in this case. According to the laws of that State, unless one of the parties demurs on trial by jury, the court decides the fact as well as the law...

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