BENNETT v. BUTTERWORTH.


49 U.S. 124 (1850)

8 How. 124

JOHN H. BENNETT, PLAINTIFF IN ERROR, v. SAMUEL F. BUTTERWORTH.

Supreme Court of United States.


Attorney(s) appearing for the Case

The motion to dismiss was sustained by Mr. Hughes and Mr. Howard, and opposed by Mr. Harris.


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

The court have considered the motion made in this case to dismiss the writ of error for want of jurisdiction. From the mode of judicial proceeding adopted in Texas, the motion presents a new question, and one that is not free from difficulty.

The suit is not brought in any of the forms of action known to the common law. It is instituted by petition; and the...

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