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NESMITH ET AL. v. SHELDON ET AL.

47 U.S. 41 (____)

6 How. 41

JONATHAN W. NESMITH AND THOMAS NESMITH, COMPLAINANTS, v. THOMAS C. SHELDON, HORACE H. COMSTOCK, DAVID FRENCH, WILLIAM E. PETERS, JAMES FORTON, ATLA E. MATHER, HENRY B. HOLBROOK, SAMUEL P. MEAD, FRANCIS E. ELDRED, PHŒBE ANN DEAN, CULLEN BROWN, AND CHARLES H. STEWART, DEFENDANTS.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was very elaborately argued in print by Mr. E.C. Seaman and Mr. J.M. Root, for the plaintiffs, and Mr. George E. Hand and Mr. Theodore Romeyn, for the defendants.

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

This case comes before the court upon a certificate of division from the Circuit Court for the District of Michigan. Upon opening the record, it is evident that the whole case has been sent up in this form. It is, indeed, divided into points, but most of them are merely hypothetical, and might never have arisen or required a decision upon them in the Circuit Court. For whether they would or would not arise...

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