Wallace v. Degree
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by tbe plaintiffs from an order of tbe Supreme Court of tbe District of Columbia, overruling a motion in arrest of judgment.
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Hearing oh an appeal by tbe plaintiffs from an order of tbe Supreme Court of tbe District of Columbia, overruling a motion in arrest of judgment. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an action of replevin begun in tbe justice’s court September 28, 1908, by tbe appellants Wallace and Sbepberd, trustees in a ebattel deed of trust executed by Degree to tbem to secure, one William Fennell in tbe payment of eighteen notes aggregating $424.80. Tbe property conveyed consisted of stock in trade, furniture, implements, fixtures, good will, and license of tbe said Degree…
1Opinion of the CourtChief Justice Shepard
The jurisdiction of the justice’s court depended upon the value of the goods. On the face of the demand the court had jurisdiction of the action, because the goods were alleged to be of less value than $300. The defendant, who was better informed than anyone else, apparently, as to the real value of the goods, made no objection to the jurisdiction, and, the judgment being in his favor, there was no evidence of value. On the trial in the appellate court, he was the sole witness as to value, and the jury accepted his valuation in the verdict returned. Had this value been made to appear in the…
2Cases cited3 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Linton v. VogelSupreme Court of Pennsylvania · 1881
3Cited by4 opinions
- 1425 F Street Corp. v. JardinDistrict of Columbia Court of Appeals · 1947
- Council of School Officers v. VaughnDistrict of Columbia Court of Appeals · 1989
- National Bank of Washington v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1953
- Council of School Officers v. VaughnDistrict of Columbia Court of Appeals · 1989