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MONTGOMERY V. HERNANDEZ, 25 U. S. 129 (1827)

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Montgomery v. Hernandez, 25 U.S. 12 Wheat. 129 129 (1827)

Montgomery v. Hernandez

25 U.S. (12 Wheat.) 129


Under the twenty-fifth section of the Judiciary Act of 1789, ch. 20, this Court has no appellate jurisdiction from the final judgment of the highest court of a state in a suit where is drawn in question the construction of a statute of or a commission held under the United States unless some title, right, privilege, or exemption, under such statute, &c., be specially set up by the party and the decision be against the claim so made by him.

Where a suit was brought in a state court upon a marshal's bond, under the Act of April 10, 1806, ch. 21, by a person injured by a breach of the condition of the bond, and the defendants set up as a defense to the action that the suit ought to have been brought in the name of the United States, and the court decided that it was well brought by the party injured in his own name, held that the exemption here set up being merely as to the form of the action, and no question arising as to the legal liability of the defendants under the act of Congress, this Court had no authority to reexamine the judgment so far, as respected the construction of that part of the act which provides that suits on marshals' bonds "shall be commenced and prosecuted within six years after the said right of action shall have accrued, and not afterwards."

Under the fourth section of the same act, although the condition of the marshal's bond is broken by his neglecting to bring money into court directed to be so brought in or to pay it over to the party, yet if the proceedings be suspended by appeal, so that the party injured has no right to demand the money, or to sue for the recovery of it, his right of action has not accrued so as to bar it if not commenced within six years.

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