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ROSE v. HIMELY (1808)

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Seal of the Supreme Court of the United States
ROSE v. HIMELY
Term: 1808
Important Dates
Argued: February 6, 1808
Decided: March 2, 1808
Outcome
Reversed and remanded
Vote
5-1
Majority
Henry Brockholst LivingstonJohn MarshallBushrod Washington
Concurring
Samuel ChaseWilliam Cushing
Dissenting
William Johnson Jr.

ROSE v. HIMELY is a case that was decided by the Supreme Court of the United States on March 2, 1808. The case was argued before the court on February 6, 1808.

In a 5-1 ruling, the U.S. Supreme Court reversed the ruling of the lower court and remanded the case for further proceedings consistent with the Court's opinion. The case originated from the South Carolina U.S. District Court.

For a full list of cases decided in the 1800s, click here. For a full list of cases decided by the Marshall Court, click here.

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About the case

  • Subject matter: Judicial Power - comity primarily removal cases, civil procedure (cf. comity, criminal and First Amendment); deference to foreign judicial tribunals
  • Petitioner: Owner, landlord, or claimant to ownership, fee interest, or possession of land as well as chattels
  • Petitioner state: Unknown
  • Respondent type: Buyer, purchaser
  • Respondent state: Unknown
  • Citation: 8 U.S. 241
  • How the court took jurisdiction: Appeal
  • What type of decision was made: Opinion of the court (orally argued)
  • Who was the chief justice: John Marshall
  • Who wrote the majority opinion: John Marshall

These data points were accessed from The Supreme Court Database, which also attempts to categorize the ideological direction of the court's ruling in each case. This case's ruling was categorized as liberal.

See also

External links

Footnotes