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# Burrows v. The Marshal

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United States Supreme Court
82 U.S. 682
Burrows v. The Marshal
ON motion to dismiss an appeal from the Circuit Court for the District of North Carolina.
The 22d section of the Judiciary Act of 1789, after enacting that certain final decrees in District Courts may be re-examined, and reversed or affirmed, in Circuit Courts, 'upon writ of error,' enacts further:
'And upon like process may final judgments and decrees in civil actions and suits in equity in a Circuit Court, brought there by original process, &c., be re-examined, reversed or affirmed, in the Supreme Court, &c.'
An amendment to this act, passed in 1803, enacts:
'That from all final judgments or decrees rendered or to be rendered in any Circuit Court in any cases of equity, admiralty, and maritime jurisdiction, and of prize or no prize, an appeal . . . shall be allowed to the Supreme Court of the United States.'
With these acts in force, an execution duly issued from the Circuit Court for the District of North Carolina on a judgment against one Taylor, and under it real estate owned by him was sold by the marshal, and the money paid into the marshal's office. Notwithstanding this the marshal advertised the same land for sale under other executions. Hereupon one Burrows, alleging that he had purchased and paid for the land, and had tendered the marshal a proper draft of a deed to him, obtained a rule on the marshal to show cause why he should not make such a deed, and why another sale under the other executions should not be stayed.
The marshal set up by way of answer that Burrows was not the purchaser, but that one Meacham was; that the and had sold at an enormous sacrifice, the result of a fraudulent combination between Burrows, Meacham, and Taylor, to prevent competition in the bidding.
The court below having heard the case on its merits dismissed Burrows's petition, and ordered him to pay all the costs. From this, its action, he brought the case to this court by an appeal.
Mr. S. F. Phillips, Solicitor-General, in support by the motion, argued, that if the discharge of the rule below was in any true sense a 'final judgment or decree,' and such a judgment or decree as was within the supervisory jurisdiction of this court at all, it could only be so on writ of error. The proceeding in which Burrows made his motion below was at law, and the motion was a motion at law. Under the act of 1803, indeed, appeals were allowed in a special class of cases, but this case did not fall within that class.
Messrs. W. A. Graham and H. W. Guion, contra.
Mr. Justice CLIFFORD delivered the opinion of the court.

## Notes

* ↑ 1 Stat. at Large, 84.
* ↑ 2 Id. 244.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Catholic Encyclopedia (1913)/Jean Pierron

From volume 12 of the work.
A missionary, born at Dun-sur-Meuse, France, 28 Sept., 1631; date and place of death unknown. He entered the Jesuit novitiate at Nancy, 21 Nov., 1650, and after studying at Pont-à-Mousson he became an instructor at Reims and Verdun; he completed the curriculum in 1665 and spent two years more as an instructor at Metz. On his arrival in Canada in June, 1667, he was sent to the Iroquois mission of Sainte-Marie. in a letter written the same year he described his impressions of the country, the characteristics and customs of the savages, and expressed an admiration for the Iroquois language, which reminded him of Greek. He arrived at Tionontoguen, the principal village of the Mohawks, on 7 Oct., 1668, where he replaced Father Fremin. These people were one of the most flourishing of the Iroquois nations, valiant and proud warriors, and difficult to convert. Father Pierron made use of pictures which he painted himself in order to make his teachings more impressive, and invented a game by means of which the indians learned the doctrines and devotions of the Church; he taught the children to read and write. He spent one winter in Acadia to ascertain if it were possible to re-establish the missions which had been expelled in 1655, and travelled through New England, Maryland (which at that time had a Catholic governor, Charles Calvert), and Virginia; returning to the Iroquois, he worked among them until 1677 and went to France in the following year. He was a man of rare virtue, and during all his missionary career fought against a natural repugnance to the Iroquois.
Ed. THWAITES, Jesuit Relations (Cleveland, 1896-1901); CAMPBELL, Pioneer Priests of North America (New York, 1909).
J. Zevely.
# Catholic Encyclopedia (1913)/Jean Michel

From volume 10 of the work.
A French dramatic poet of the fifteenth century, who revised and enlarged the mystery of the Passion composed by Arnoul Gréban. There are three Michels mentioned in connexion with this work. Some consider Bishop Jean Michel of Angers as it author, but this opinion can hardly be maintained. None of his biographers speak of his contributions to the mystery of the Passion; moreover, he died in 1447 and therefore could not have revised the work of Gréban, which first appeared about 1450. A catalogue containing the names of the counsellors of the Paris Parliament mentions a "Maistre Jehan Michel", first physician of King Charles VIII, who was made a counsellor in 1491. We also read in "Le Verger d'Honneur" by André de La Vigne, a contemporary poet, "On 23 August, 1495, there died at Chieri (Pied mont) Maistre Jehan Michel, first physician of the king, most excellent doctor in medicine". The third Jean Michel, also a doctor, was the physician of the young dauphin, son of Charles VIII. His name appears several times in the cartulary of the University of Angers, and in the books of the medical faculty in that city. He died in 1501. Since the Passion was produced for the first time in its new shape at Angers in 1486, it is probable that its author was the third Jean Michel, but the fact has not been proved.
Besides his contributions to Gréban's Passion, Jean Michel composed another mystery, a Resurrection, which was played at Angers on the occasion of King René's visit to that city. Jean Michel has not the dryness of his predecessor; on the other hand he lacks his accuracy. He incorporates into his mysteries the most extravagant legends and the fantastic information found in the apocryphal writers. He delights in pictures of low city life in the fifteenth century, and his language is often realistic in the extreme.
PETIT DE JULLEVILLE, Les mystËres (Paris, 1880); CREIZENACH, Geschichte des neueren Dramas (Halle, 1893); JUBINAL, MystËres inédits (Paris, 1837).
P. J. Marique.
# Catholic Encyclopedia (1913)/Jean Picard

From volume 12 of the work.
Astronomer, b. at La Flêche, 21 July, 1620; d. at Paris, 12 Oct., 1682. He was a priest and prior of Rillé in Anjou. As a pupil of Gassendi he observed with him the solar eclipse of 25 Aug., 1645. In 1655 he succeeded his master as professor of astronomy at the College de France. His principal achievement was the accurate measurement of an arc of a meridian of the earth, the distance from Sourdon, near Amiens, to Malvoisine, south of Paris, in 1669-70. His result, 57060 toises (a toise = about 6.4 ft.) for the degree of arc, has been found to be only 14 toises too small. He applied telescopes and micrometers to graduated astronomical and measuring instruments as early as 1667. The quadrant he used had a radius of 38 inches and was so finely graduated that he could read the angles to one quarter of a minute. The sextant employed for determining the meridian was 6 feet in radius. In 1659 he was able to observe stars on the meridian during day-time and to measure their position with the aid of cross-wires at the focus of his telescope. In order to make sure that his standard toise should not be lost, like those used by others before him, he conceived the idea of comparing it with the length of the simple pendulum beating seconds at Paris, and thus made it possible to reproduce the standard at any time.
Picard is regarded as the founder of modern astronomy in France. He introduced new methods, improved the old instruments, and added new devices, such as the pendulum clock. As a result of Picard's work, Newton was able to revise his calculations and announce his great law of universal gravitation. The discovery of the aberration of light also became a possibility on account of Picard's study of Tycho Brahe's observations. In 1671 he received from Bartholinus at Copenhagen an exact copy of Tycho's records and then went with Bartholinus to the Island of Hveen in order to determine the exact position of Tycho's observatory at Uranienborg. He was modest and unselfish enough to recommend the rival Italian astronomer Cassini to Colbert and Louis XIV for the direction of the new observatory at Paris. Cassini, on the contrary, proved envious, ignoring Picard's insistent recommendations of a mural circle for accurate meridional observations, until after the latter's death.
Picard was among the first members of the Academy. He also started the publication of the annual "Connaissance des temps" in 1679 (Paris, 1678), and continued the same until 1683. Since then it has been published continuously. His "Mesure de la terre" was brought out in 1671, Paris.
WOLF, Geschichte der Astronomie (Munich, 1879); DELAMBRE, Hist. de l'astr. mod., II (Paris, 1821), 567-632.
WILLIAM FOX
# Catholic Encyclopedia (1913)/Jean Morin

From volume 10 of the work.
A French priest of the Oratory, b. at Blois, in 1591, d. at Paris, 28 Feb., 1659. According to Dupin whose judgment posterity has confirmed, he was the most learned Catholic author of the seventeenth century. Born a Calvinist he was converted by Cardinal Duperron, and in 1618 joined the Oratory at Paris. At first he was superior in houses of his congregation at Orléans and Angers; in 1625 he was in attendance on Queen Henrietta of France in England; in 1628 he returned to Paris, where he remained until his death, with the exception of a sojourn of a few months in Rome, whither he had been called by Urban VIII in 1640 to aid in bringing about the union of the Greeks and Latins. An order from Richelieu recalled him to Paris, where he continued the publishing of his learned works, at the same time labouring to convert heretics and Jews, many of whom he brought to the true Faith. The General Assemblies of the French clergy often appealed to his great erudition, and entrusted him with various tasks. He kept up a correspondence and was often in controversy with the noted savants of the day, such as Muis, Buxtorf, etc.
His chief works are: "Histoire de la déliverance de l'Eglise chrétienne par l'empereur Constantin et de la grandeur et souveraineté temporelle donnée à l'Eglise romaine par les rois de France" (Paris, 1630), "Exercitationes ecclesiastiae in utrumque Samaritorium Pentateuchum" (Paris, 1631), in which he maintained that the Samaritan text and the Septuagint should be preferred to the Hebrew text, a position he again in the following work: "Exercitationes biblicae de Hebraei Graecique textus sinceritate . . ." (Paris, 1663,1669, 1686); "Commentarius historicus de disciplina in administratione sacramenti Poenitentiae XIII primus saeculis" (Paris, 1651); "Commentarius sacris Ecclesiae ordinationibus" (Paris, 1655, Antwerp, 1695; Rome, 1751). The two preceding works are very important for history of the sacraments. Morin also published "Biblia graecae sive Vetus testamentum secundum Septuaginta" (Paris, 1628); and in Lejay's "Polyglotte", vol. V (1645), "Pentateuchus hebraeo-samaritanus" and "Pentateuchus samaritanus". He left several manuscript works.
CONSTANTIN, Sciagraphia vitae J. Morini (Paris, 1660); NICERON, Memoires, IX, 90; SIMON, Vita Morini taken from Antiquitates ecclesiae . . .dissertationibus epistolicis enucleatae (London, 1642): a satire rather than a life; BATTELL, Memoires domestiques, II, 435; GODIN, Notice sur Morin (Blois, 1840); RAESS, Die Convertiten, IV, 447; INGOLD, Essai de bibliographie oratorienne, 112.
A. M. P. Ingold.
# Catholic Encyclopedia (1913)/Jean Paul Medaille

From volume 10 of the work.
Jesuit missionary; b. at Carcassonne, the capital of the Department of Aude, France, 29 January, 1618; d. at Auch, the capital of the Department of Gers, France, 15 May, 1689. He entered the Society of Jesus, 15 August, 1640, and after completing his studies spent a number of years in the classroom, teaching both the lower and higher studies of the college courses and particularly, for the space of six years, philosophy. Later he was applied to the work of preaching, which may be regarded as his life work; to this he gave himself up almost exclusively for eighteen years, until advancing age and the infirmities brought on by his laborious and austere life forced him to devote himself to the less fatiguing work of directing sodalities and of hearing confessions, especially of the poor. He was one of the number of illustrious missioners formed in the school of St. Francis Regis of the Society of Jesus, and spent the best years of his life in the evangelization of Velay, Auvergne, Languedoc, and Aveyron. His apostolic labours were attended with greater and more lasting fruit, because he established wherever he preached fervent sodalities of men and women who, by all sorts of works of charity, such as instructing children, visiting the sick, helping the poor, perpetuated and extended the fruits of his missions. These pious sodalities, however, lacked certain elements which Father Medaille regarded as necessary for the stabliity of his work. Their members, although devoted, were hampered in many ways and by many ties in the exercise of their zeal. Father Medaille resolved, therefore, to start a congregation of nuns who should give themselves up wholly and unreservedly to all the spiritual and corporal works of mercy. Having matured his plans, he laid them before Mgr de Maupas, who gave them his fullest approval. Shortly after, Father Medaille founded the Congregation of the Sisters of St. Joseph. The general idea of the congregation was drawn, at least to a certain extent, from the works of St. Francis de Sales, but the details of its practical development were based almost entirely on the constitutions of the Society of Jesus. It is as the founder of this congregation that Father Medaille is best known. His active life left him no time for writing; consequently we have nothing from his pen, aside from some correspondence, except the "Constitutions pour la Congrégation des Soeurs de Saint Joseph". These consitutions have been incorrectly attibuted to Father Peter Medaille, S.J. It is true that Father Peter Medaille contributed much in later years to the establishment on a firm basis and to the spread of the congregation, but at the time of its foundation he was still a novice and had neither the experience nor the authority necessary for so responsible a work.
Prat, Le Disciple de St. Jean Francois Regis, notes supplémentaires (Paris, 180), 180 sq.; de Guilhermy, Ménologe de la Comp. de Jésus, Assistance de France, I (Paris, 1892), 631 sq.
J. H. Fisher.
# Catholic Encyclopedia (1913)/Jean Lévesque de Burigny

From volume 3 of the work.
Historian, b. at Reims, 1692; d. at Paris, 1785. In 1713, with his brothers, Champeaux and Lévesque de Pouilly, he began to compile a dictionary of universal knowledge, a kind of encyclopedia, which comprised twelve large manuscript folios, and afforded Burigny ample material for his subsequent works. In 1718, at The Hague, he worked with Saint- Hyacinthe on "L'Europe savante", in twelve volumes, of which he contributed at least one-half. On his return to Paris, he devoted his time to historical research and published several works which stamped him as a conscientious scholar. Burigny, although sharing the ideas of the philosophers of his time, was by no means an extremist. He was a modest, peace-loving man, whose only ambition was to be a scholar, and his works show a great amount of learning; some, for instance his lives of Grotius and Erasmus, give very interesting data not elsewhere found. Among his works are: "Traité de l'autorité du pape" (Paris, 1782) which reduces papal authority to a primacy of honour, "Théologie païenne" (Paris, 1754); "Histoire générale de Sicile" (The Hague, 1745); "Histoire des róvolutions de l'empire de Constantinople" (The Hague, 1750); "Traité de Porphyre touchant l'abstinence de la chair, avec la vie de Plotin" (tr. from Greek; Paris, 1740); "Vie de Bossuet" (Paris, 1761); "Vie du cardinal Duperron" (Paris, 1768).
DACIER, Eloge de Burigny (Paris, 1786); WALCKENAER, Recueil de notices historiques (Paris, 1850); CONSTANTIN, in Dict. de théol. cath., II, 1264-65.
Pierre J. Marique.
# Catholic Encyclopedia (1913)/Mino di Giovanni

From volume 16 of the work.
(Called DA FIESOLE.)
Born 1431; died 1484. He is inscribed in the "Libro della Matricola" of the Florentine masters of stone and woodwork as "Minus Johannis Mini de Pupio", whence some have concluded he was born at Poppi, Casentino; elsewhere he is "Mino di Giovanni di Mino da Firenze". As a sculptor he is noted for the delicate fineness and finish of his handicraft. A large number of portraits and subjects in low-relief are attributed to him: the circular Madonna and Child on a bracket (Bargello, Florence); the busts of Piero and Giovanni de'Medici (Bargello); that of Rinaldo della Luna, dated 1461; a remarkable portrait of Isotta da Rimini (Camposanto, Pisa); an open-air relief of the Madonna and Child (Via Zannetti, Florence). Two important works are in the cathedral at Fiesole: an altar-piece with figures of the Madonna and Child, an infant St. John, St. Leonard, and St. Remigius, the architectural setting surmounted by a bust of the Saviour; and in a side chapel the monument of Bishop Salutati, with a portrait bust (1464-66). Equally important, in the Church of the Badia, Florence, is the monument to its founder, the famous Margrave Hugo of Andeburg (finished 1481), and an earlier work, the tomb of Bernardo Giuigni (1466); here also is a relief of the Madonna and saints. In the sacristy of Santa Croce there is a marble ciborium with angels. Mino worked with Antonio Rosellino on the pulpit in the cathedral at Prato, contributing two reliefs from the life of the Baptist. In 1473 he went to Rome where he remained apparently about six years. It is doubtful if all the monuments there attributed to him are of his own hands; there is no question about the tomb of the Florentine Francesco Tornabuoni in the Church of Santa Maria sopra Minerva, the remains of the monument to Paul II in the crypt of St. Peter's, and the tabernacle in S. Maria in Trastevere bears the inscription "Opus Mini". Monuments attributed to him, noted for purity and elegance of design, are those of Cristoforo della Rovere (S. Maria del Popolo); Cardinal Niccolo Forteguerra (S. Cecilia); and Pietro Riario (SS. Apostoli). Further attributions are the tomb of Bartolomeo Roverella (S. Clemente); that of the Scotch Bishop Alan (S. Prassede); and the Piccolomini tomb (S. Agostino). Other works are the ciborium in the cathedral at Volterra; a marble bust of the Baptist (Louvre, Paris); Madonna and Child, a bust of a young Florentine woman, and a portrait of Niccolo Strozzi dated 1454, in the museum, Berlin.
PERKINS, Tuscan Sculptors (London, 1864); MUNTZ, Hist. de l'art pendant la Renaissance (Paris, 1895); BODE, Denkmaler der Renaissance Sculptur Toscanas (Munich, 1905); SEMPER AND BARTH, Hervorragende Bildhauer-Architekten der Renaissance (Dresden, 1880).
M. L. Handley.
# Catholic Encyclopedia (1913)/Minister

From volume 10 of the work.
The term minister has long been appropriated in a distinctive way to the clergy. The language of I Cor., iv, 1-2; Heb., viii, 2; Matt., xx, 26, etc. must have helped to familiarize the thought that those charged with spiritual functions in the Christian Church were called upon to be the servants (ministri) of their brethren. Even before the Reformation the word minister was occasionally used in English to describe those of the clergy actually taking part in a function, or the celebrant as distinguished from the assistants, but it was not then used sine addito to designate an ecclesiastic. This employment of the term dates from Calvin, who objected to the name priest etc. as involving an erroneous conception of the nature of the sacred office. These Calvinistic views had some influence in England. In the Book of Common Prayer the word minister occurs frequently in the sense of the officiant at a service, and in the thirty-second of the Canons Ecclesiastical (1603) we read "no bishop shall make a person deacon and minister both upon one day", where clearly minister stands as the equivalent of priest. As regards modern usage the Hist. Eng. Dictionary says: "The use of minister as the designation of an Anglican clergyman (formerly extensively current, sometimes with more specific application to a beneficed clergyman) has latterly become rare, and is now chiefly associated with Low Church views; but it is still the ordinary appellation of one appointed to spiritual office in any non-Episcopal communion, especially of one having a pastoral charge".
As regards Catholic use, minister is the title of certain superiors in various religious orders. The head of the Franciscan Order is known as the minister general, and the superior of the different provinces of the various branches is called minister provincial. The same is true of the Order of the Trinitarians for the Redemption of Captives and of some other orders. In the Society of Jesus the second in command in each house, who is usually charged with the internal discipline, the commissariat, etc., is called minister. The statement made in Addis and Arnold's "Catholic Dictionary" and thence incorporated into the great Hist. Eng. Dictionary that each of the five assistants of the General of the Jesuits is called minister is without foundation.
HERBERT THURSTON
# Catholic Encyclopedia (1913)/Milopotamos

From volume 10 of the work.
A titular see of Crete, suffragan of Candia. Certain historians and geographers identify this locality with the ancient Pantomatrion mentioned by Stephanus of Byzantium, by Ptolemy (III, xv, 5), who places it between Rhethymnos and the promontory of Dium, and by Pliny (IV, xx, 3), who places it elsewhere. If Milopotamos is identical with Avlopotamos, this Greek see is alluded to for the first time towards 1170 (Parthey, "Hieroclis Synecdemus", 118); it is spoken of again in another undated "Notitia episcopatuum" (Gelzer, "Ungedruckte . . . Texte der NotitiÊ episcop.", 627). As to the Latin residential see, its first titular, Matthew, is mentioned about 1212, shortly after the conquest of the island by the Venetians. From 1538 to 1549 the Diocese of Cheronesus was joined to it; on the other hand, in 1641, the Diocese of Milopotamos was united with Rhethymnos and after the conquest of the island by the Turks in 1670, became merely titular. We know the names of about twenty residential Latin bishops. Among the schismatic Greeks the See of Aulopotamos is united with that of Rhethymnos. The ruins of the city may be seen along the sea-shore at Castel Mylopotamo, about twelve miles from Rhethymnos.
LE QUIEN, Oriens christianus, III, 935-938; CORNELIUS, Creta sacra, II (Venice, 1755), 173-180; GAMS, Series episcoporum, 403; EUBEL, Hierarchia catholica medii œvi, I, 357; II, 212; III, 261.
S. Vailhé