KENDALL V. STOKES, 38 U. S. 607 (1838)

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U.S. Supreme Court

Kendall v. Stokes, 38 U.S. 13 Pet. 607 607 (1838)

Kendall v. Stokes

38 U.S. (13 Pet.) 607

At the January term of the Supreme Court in 1333, the following dissenting opinion was delivered by MR. JUSTICE CATRON, in the case of Kendall v. Stokes, 12 Pet. 527. This opinion was not received from the clerk of the Supreme Court with the opinions delivered at the January term, 1838; it was received by the reporter, from MR. JUSTICE CATRON on 6 March, 1839. It is inserted in the present volume with the consent of MR. JUSTICE CATRON, and the reporter avails himself of this occasion to record his regret that it had not its place in the twelfth volume of the reports.] *

MR. JUSTICE CATRON dissenting.

In this proceeding of the United States against the Postmaster General at the relation of Stockton, Stokes & Company, I had intended not to intimate that I differed in any respect from the majority, having an aversion to dissenting opinions save on constitutional questions. But my two brethren, with whom I agree, having determined to do so; it follows I must express a concurrence with the one side or the other.

On the merits, I think the Senate of the United States, and the Solicitor of the Treasury, construed the special act of Congress correctly, and that the solicitor's award is a final adjudication and conclusive of the rights of the relators.

But the question whether the circuit court of this district had power to compel the Postmaster General, by mandamus, to enter a credit for the amount awarded lies at the foundation of our institutions; a question more grave or important rarely arises.

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