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" But if there be no jurisdiction in the instance in which it is asserted, as if a marshal of the United States, under an execution in favor of the United States against A, should seize the person or property of B, (d) then the state courts have jurisdiction... "
The New-York Legal Observer - Page 183
edited by - 1845
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Commentaries on American Law, Volume 1

James Kent - Law - 1832 - 590 pages
...matter, then the inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in which it it asserted, as if a marshal of the United States, under an execution in favour of the United States...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851 - 706 pages
...matter, then the inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in...marshal of the United States, under an execution in favour of the United States against A., should seize the person or property of B.,c then the state...
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Reports of Cases Argued and Determined in the Circuit Court of the United ...

Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - Law reports, digests, etc - 1857 - 724 pages
...might at once bring replevin in a State Court. As Chancellor Kent has expressed it in 4 Com. 410, " if a marshal of the United States under an execution...State Courts have jurisdiction to protect the person, or property so illegally invaded ; and it is to be observed that the jurisdiction of the State courts...
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Commentaries on American Law, Volume 1

James Kent - Law - 1858 - 732 pages
...matter, then the inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in...against A., should seize the person or property of B., (d) then the state courts have jurisdiction to protect the person, and the property so illegally invaded;...
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Commentaries on American Law, Volume 1

James Kent - Law - 1860 - 748 pages
...subject-matter, then the inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in which it it is asserted, as if a marshal of the United States, under an execution in favor of the United States...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 24; Volume 65

United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...subject-matter, then the inquiry into the validity of the seizure belongs exclusively to the Federal courts. But if there be no jurisdiction in the instance in...should seize the person or property of B, then the Freeman v. Howe et al. State courts have jurisdiction to protect the person and the property so illegally...
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Select Cases Argued and Determined in the Supreme Court of Alabama ..., Volume 1

Alabama. Supreme Court, John Wesley Shepherd - Alabama - 1864 - 806 pages
...subject-maUer, then the inquiry into the validity of the seizure belongs exclusively to the Federal courts. But, if there be no jurisdiction in the instance in which it is asserted — aa if a marshal of the United States, under an execution in favor of the United States against...
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Commentaries on American Law, Volume 1

James Kent - Law - 1866 - 724 pages
...subject-matter, then the- inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in...against A, should seize the person or property of B, (d) then the state courts have jurisdiction to protect the person and the property so illegally invaded...
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Commentaries on American Law, Volume 1

James Kent - Law - 1866 - 722 pages
...subject-matter, then the- inquiry into the validity of the seizure belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in...execution in favor of the United States against A, should scize the person or property of B, (d) then the state courts have jurisdiction to protect the person...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 80

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 726 pages
...interrupt by replevin, injunction or otherwise, the exercise of the authority of federal officers, adds : "But if there be no jurisdiction in the instance in...asserted, as if a marshal of the United States, under a process in favor of the United States against A., should seize the, property of B., then the State...
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