Davis v. South Carolina,
107 U.S. 597 (1883)

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U.S. Supreme Court

Davis v. South Carolina, 107 U.S. 597 (1883)

Davis v. South Carolina

Decided April 23, 1883

107 U.S. 597


1. Section 643 of the Revised Statutes, which provides for removing to the circuit court suits or criminal prosecutions commenced in a state court against "any officer appointed under or acting by authority of any revenue law, or any person acting under or by authority of such officer," applies to marshals of the United States, their deputies and assistants, when engaged in enforcing a revenue law of the United States.

2. Where such a prosecution is duly removed, the jurisdiction of the circuit court completely vests, and the subsequent action of the state court, forfeiting the recognizance of the defendant for his nonappearance there, is coram non judice and void.

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