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SHARPE V. DOYLE, 102 U. S. 686 (1880)

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U.S. Supreme Court

Sharpe v. Doyle, 102 U.S. 686 (1880)

Sharpe v. Doyle

102 U.S. 686

Syllabus

1. Where the marshal of the United States, to whom was directed a warrant of provisional seizure sued out of the proper court sitting in bankruptcy, levied it upon certain goods in the possession of a third party claiming title to them, held that this Court has jurisdiction to reexamine the judgment of a state court whereby it was held in a suit against the marshal that, by reason of such possession, he had no authority under the laws of the United States to so levy the warrant.

2. The goods were subject to seizure under the warrant if they were the property of the person against whom the proceeding in bankruptcy was pending.

3. The marshal must in such a case act at his own risk in regard to the ownership of them and their liability to seizure.

The case is stated in the opinion of the Court.


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