Legal Opinion

Smith v. Chase

U.S. Circuit Court for the District of District of Columbia

Decided December 15, 1828PublishedCited by 4 opinions

Appeal from a justice of the peace, whose judgment was given upon the verdict of a jury summoned by. his order, under the fifteenth and sixteenth sections of the Act of Congress of March 1, 1823, [3 Stat. at Large, 743,] “ to extend the jurisdiction of justices of the peace in the recovery’ of debts in the District of Columbia.”

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Appeal from a justice of the peace, whose judgment was given upon the verdict of a jury summoned by. his order, under the fifteenth and sixteenth sections of the Act of Congress of March 1, 1823, [3 Stat. at Large, 743,] “ to extend the jurisdiction of justices of the peace in the recovery’ of debts in the District of Columbia.” At the trial, the defendant tendered a bill of exceptions to an opinion of the justice, upon a point of law, which the justice refused to sign, and a motion was now made to compel him to sign it. (the original defendant.) The statute of Westminster, (13 Ed. 1, c. 31,)…

1Opinion of the Court

The Court, (nem. con. but Thruston, J., doubting,) was of opinion that a writ of error would not lie to the judgment of a justice of the peace upon the verdict of the jury, and that he was not bound to sign a bill of exceptions.

Cranch, C. J.

The Court is of opinion that the motion must be overruled.

Before I proceed to give the reasons which induce me to concur in the decision of the Court in this cause, it is proper that I should state that those reasons are exclusively my own, and that the Court is not responsible for them.

Several questions arise in this cause.

Does an appeal lie to this Court…

2Cited by4 opinions

  1. Tracey v. . CorseNew York Court of Appeals · 1874
  2. Trustees of University of Alabama v. WinstonSupreme Court of Alabama · 1833
  3. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  4. Serota v. Transportation InsuranceAppellate Court of Illinois · 1933

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