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eBook details

• Title: Ex Parte, In the Matter of Duncan N. Hennen
• Author : United States Supreme Court
• Release Date : January 01, 1839
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

At the August term of the Supreme Court, held by the Chief Justice or Judge for the fourth circuit, according to the act of Congress of 1802, a motion was made for a rule on the judge of the District Court of the United States, for the eastern district of Louisiana, to show cause why a mandamus should not issue, commanding the said judge to restore Duncan N. Hennen to the office of clerk of the said District Court. It appeared from the depositions and other evidence laid before the Court at that term, that Duncan N. Hennen, the relator, who had been for several years clerk of the District Court, had been recently removed from office by the district judge, and John Winthrop appointed in his place; and a letter from the judge to the relator was produced, stating that the removal had not been made on account of any misconduct on his part, but merely from the desire of the judge to make provision for Winthrop, who was his personal friend, and well qualified for the office. It also appeared, that at the meeting of the Circuit Court, which took place shortly afterwards, the presiding judge of the Circuit Court was of opinion that the removal was not authorized by law, and that Hennen was still the clerk of the District Court, and consequently, by virtue of the acts of Congress, was also the clerk of the Circuit Court; that the district judge, however, adhered to his opinion, that Winthorp was lawfully appointed by him, and the Court being thus divided, neither of the claimants could be recognised, as clerk; and that the whole business of the Circuit Court was therefore continued over, and that no process could now issue from the Court until this controversy should be settled.

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