Martin Mahoney

Martin Mahoney

Martin Vincent Mahoney (February 22, 1915 - August 22, 1969) 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.[1] The defendant, Jerome Daly, was a longtime tax protester[2] and attorney who was later disbarred by a decision of the Minnesota Supreme Court.[3]

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.

References

  1. ^ "Legal Topics: The Credit River Case". Minnesota State Law Library. http://www.lawlibrary.state.mn.us/creditriver.html. Retrieved 2010-02-25. 
  2. ^ vLex.com - International Law: United States v. Daly, 481 F.2d 28, 73-2 U.S. Tax Cas. (CCH) paragr. 9574 (8th Cir.) (per curiam), cert. denied, 414 U.S. 1064, 94 S. Ct. 571 (1973) Minneapolis, MN - 09. August 1973 [1]. Daly was convicted of willfully failing to file federal income tax returns for the years 1967 and 1968. In rejecting his appeal, the United States Court of Appeals for the Eighth Circuit noted: "Defendant's fourth contention involves his seemingly incessant attack against the federal reserve and monetary system of the United States. His apparent thesis is that the only 'Legal Tender Dollars' are those which contain a mixture of gold and silver and that only those dollars may be constitutionally taxed. This contention is clearly frivolous." Id.
  3. ^ In re Daly, 291 Minn. 488, 189 N.W.2d 176 (1971) (per curiam).

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