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McVeigh v. United States

United States Supreme Court

78 F.2d 259 (1870)

Relevant factsFree

During the Civil War, the federal government treated Virginia and its residents as being in rebellion, and under a statute making rebel-owned property forfeitable, the government petitioned a federal district court to declare McVeigh (defendant), a Virginia property owner, a rebel and to condemn his property. McVeigh hired a loyal attorney to appear and oppose the petition, but the government moved to strike the attorney's filings on the theory that a rebel citizen had no right to defend himself in federal court, and the district court struck the motions, declared McVeigh a rebel, and condemned his property; the circuit court affirmed, and McVeigh's attorney appealed to the U.S. Supreme Court.

IssueFree

Whether an individual's liability to be sued in court gives the individual the right to defend against that suit in the same court.

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