Martin Mahoney
Encyclopedia
Martin Vincent Mahoney was a Scott County, Minnesota justice of the peace
who presided over the initial trial in the case of First National Bank of Montgomery vs Jerome Daly
, Dec. 9, 1968 (Justice Court, Township of Credit River, Scott County, Minnesota), also known as the Credit River case. This case has been cited by various conspiracy theorists and anti-Federal Reserve System
protesters as authority for the proposition that foreclosure
is illegal. According to a statement published at the Minnesota State Law Library web site, the Credit River decision is not legal precedent
, since it was undertaken by a justice of the peace (see also Subject-matter jurisdiction
), and was eventually overruled by other court decisions. The defendant, Jerome Daly, was a longtime tax protester
and attorney who was later disbarred by a decision of the Minnesota Supreme Court.
Mahoney died soon after the court case, as reported on page 4 of Vol. III, No.5 of The Libertarian Forum in the article "Jerome Daly Once More" published June, 1971, and accessible at http://mises.org/journals/lf/1971/1971_06.pdf.
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
who presided over the initial trial in the case of First National Bank of Montgomery vs Jerome Daly
First National Bank of Montgomery vs Jerome Daly
First National Bank of Montgomery v. Jerome Daly, Dec. 9, 1968 , also known as the Credit River Case, was a case tried before a Justice of the Peace in Minnesota in 1968...
, Dec. 9, 1968 (Justice Court, Township of Credit River, Scott County, Minnesota), also known as the Credit River case. This case has been cited by various conspiracy theorists and anti-Federal Reserve System
Federal Reserve System
The Federal Reserve System is the central banking system of the United States. It was created on December 23, 1913 with the enactment of the Federal Reserve Act, largely in response to a series of financial panics, particularly a severe panic in 1907...
protesters as authority for the proposition that foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
is illegal. According to a statement published at the Minnesota State Law Library web site, the Credit River decision is not legal precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, since it was undertaken by a justice of the peace (see also Subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
), and was eventually overruled by other court decisions. The defendant, Jerome Daly, was a longtime tax protester
Tax protester (United States)
A tax protester is someone who refuses to pay a tax on constitutional or legal grounds, typically because he or she believes that the tax laws are unconstitutional or otherwise invalid...
and attorney who was later disbarred by a decision of the Minnesota Supreme Court.
Mahoney died soon after the court case, as reported on page 4 of Vol. III, No.5 of The Libertarian Forum in the article "Jerome Daly Once More" published June, 1971, and accessible at http://mises.org/journals/lf/1971/1971_06.pdf.