Okely v. Boyd

Decided June 15, 1819

This was an action of replevin against the marshal of the District of Columbia, to replevy the plaintiff’s goods taken in execution upon two writs of fieri facias issued by the clerk of this Court on the 19th of June, 1816, (No. 7 and 8 on the judicial docket of December term, 1816,) one for $1,000, and the other for $900, upon the order of the President of the Bank of Columbia, in virtue of the authority vested in him by the 14th section of the Act of Maryland, of 1793, c.…

Relies on Bank of Columbia v. Okely

Decided 1819-06-15

The Court

¶1quashed the execution for $1000, (No. l),nem. con., and the execution for $900, (No. 8), Morsell, J., dissenting.

¶2[Note. In the ease of the Bank of Columbia v. Okely, (4 Wheat. 235,) the Supreme Court decided that the 14th section of the charter of that bank was not unconstitutional, and that the clerk of this Court was competent to issue the execution,upon the order of the president.

¶3That section of the charter, however, was repealed by the 8th section of the Act of Congress of the 2d of March, 1821, [3 Stat. at Large, 618,] entitled “ An act to extend the charters of certain banks in the District of Columbia.”]