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MARIN v. LALLEY

84 U.S. 14 (1872)

17 Wall. 14

MARIN v. LALLEY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. P. Phillips, in support of the motion to dismiss:

Mr. T.J. Durant, contra.

The CHIEF JUSTICE delivered the opinion of the court.

As the Code of Practice requires that three days' notice be given to the debtor, and the judge is required to examine and decide whether the instrument unites all the requisites of the law necessary to authorize this summary proceeding, his decision is a judgment or decree, and an appeal lies from it; for it may be erroneously made on evidence not warranting the issuing of the executory process.

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