In the case of Ann C. Smith, Use of Caleb Cushing v. The Corporation of Washington, a dispute arose between two parties over an unpaid debt and the right to collect it. Plaintiff in error Ann C. Smith had obtained a judgment against defendant corporation for $1,000 plus interest from 1845-1847 on behalf of her late husband's estate that was never paid by the defendant corporation despite multiple attempts at collection by Smith’s attorney Caleb Cushing who then sued for payment on her behalf in 1853. The Supreme Court ultimately ruled in favor of plaintiff as they found that although there were some technical issues with how the suit was brought forward due to changes made to state law after its original filing date, these did not invalidate plaintiff’s claim or prevent them from collecting their debt owed by defendant corporation since it had been established prior to any such changes being made and thus could still be enforced under existing laws at time when suit was filed again in 1853.

In the dissenting opinion of this case, Justice McLean argued that the plaintiff had not been denied due process of law. He reasoned that while it was true that a jury trial had not been held in the lower court, there were other proceedings which provided sufficient protection for her rights. Furthermore, he noted that she could have requested a jury trial at any point during these proceedings and chose not to do so. Therefore, he concluded that she was not deprived of her right to due process under the law and thus should be denied relief from the Supreme Court.