AVERY v. UNITED STATES


79 U.S. 304 (____)

12 Wall. 304

AVERY v. UNITED STATES.

Supreme Court of United States.


Attorney(s) appearing for the Case

Messrs. Albert Pike and R.W. Johnson, for the plaintiff in error; Mr. B.H. Bristow and C.H. Hill, contra.


Mr. Justice DAVIS delivered the opinion of the court.

Conceding, for the purposes of this suit, that the order of the Circuit Court in the premises is a final judgment, within the meaning of the 22d section of the Judiciary Act, to review which a writ of error will lie, did the court err in the disposition it made of the case?

The lease of the house was authorized, if the owner of the property was voluntarily absent from it and engaged in the rebellion, and...

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