Hendley v. Clark
District of Columbia Court of Appeals
Hearing on an appe'al by the plaintiff (leave to prosecute the same having been previously granted), in a suit before a justice of the peace, from an order of the Supreme Court of the District of Columbia overruling a motion to quash-a writ of certiorari to the justice.
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Hearing on an appe'al by the plaintiff (leave to prosecute the same having been previously granted), in a suit before a justice of the peace, from an order of the Supreme Court of the District of Columbia overruling a motion to quash-a writ of certiorari to the justice. The Court in its opinion stated the case as follows ; This is a special appeal allowed under the discretionary power vested in this court to allow appeals from interlocutory orders of the Supreme Court of the District of Columbia. ■The appellants, James W. Hendley and Warren W. Biggs, instituted proceedings before a- justice…
1Opinion of the CourtJustice Morris
There are five alleged errors assigned by the appellants, but they only raise in various ways these two questions: 1st. Whether, upon the ground of concurrent jurisdiction, the Supreme Court of the District of Columbia was right in assuming jurisdiction of the cause, under the writ of cer-tiorari, for the purpose of a trial de novo, regardless of the judgment therein rendered by the justice of the peace ; ánd, 2d. Whether it was error to permit the reading of the affidavits above mentioned over the objection of counsel for the appellants. But this second question is not raised in such manner…
2Cases cited10 opinions
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- Ober v. GallagherSupreme Court of the United States · 1876
- People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860
- Harris v. BarberSupreme Court of the United States · 1889
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
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