Legal Opinion

W. B. Moses & Sons v. Hayes

Court of Appeals for the D.C. Circuit

Decided January 3, 1911No. 2214PublishedCited by 2 opinions

Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, quashing a writ of attachment, and denying the plaintiff’s motion for leave to amend the attachment bond and affidavits.

Read the full summary

Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, quashing a writ of attachment, and denying the plaintiff’s motion for leave to amend the attachment bond and affidavits. The Court in the opinion stated the facts as follows: This is an appeal from a judgment of the supreme court of the District .of Columbia, (1) quashing a writ of attachment sued out of the municipal court of the District, and (2) denying appellant’s motion for leave to amend the attachment Bond and affidavits. On April 29th, 1910, the appellant, W. B. Moses & Sons, a…

1Opinion of the CourtJustice Robb

We will first inquire whether the municipal court has jurisdiction to issue a writ of attachment. The contention of the defendant is that, if such jurisdiction exists at all, it must find its support in the act of February 19th, 1895 (28 Stat. at L. 668, chap. 100), and not in the Code. Under said act, jurisdiction was conferred upon justices of the peace “to hear, try, and determine all civil pleas and actions, including at* tachment and replevin,” with certain exceptions not necessary to be noticed.

The Code of the District was approved March 3d, 1901. Section 2 [31 Stat. at L. 1190, chap.…

2Cases cited3 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Bank of Augusta v. ConreyMississippi Supreme Court · 1855
  3. Dove v. MartinMississippi Supreme Court · 1852

3Cited by2 opinions

  1. Metro Rentals, Inc. v. WagnerDistrict of Columbia Court of Appeals · 1981
  2. Hartz v. SegnerDistrict of Columbia Court of Appeals · 1960

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API