Phillips v. Negley
Supreme Court of the United States
ERROR TO THE SUPREME OOURT OF THE DISTRICT OF COLUMBIA. Error to review an order vacating a judgment.' After tbe cause Was docketed here plaintiff in error died, and bis executors were admitted to prosecute tbe writ of error.
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ERROR TO THE SUPREME OOURT OF THE DISTRICT OF COLUMBIA. Error to review an order vacating a judgment.' After tbe cause Was docketed here plaintiff in error died, and bis executors were admitted to prosecute tbe writ of error. Tbe facts material to a determination of the questions arising in tbe cause were as follows: ' Philip'Phillips sued the defendant Negley, in tbe Supreme Court of tbe District of Columbia, on August 29, 1874, to recover $4368, alleged to be due upon a certain order in writing, signed by Simon Witko wski and by tbe defendant, as'attorney for Mrs. Witkowski, addressed to…
1Opinion of the CourtJustice Matthews
There appears to be an ambiguity, if not an inconsistency, 'in the terms of the order or judgment of the general term. It affirms that there is no error in the record and proceedings of the special term, but .does.not affirm its order, which was appealed from, but in fact dismisses the appeal, as though it had no jurisdiction either to affirm or reverse the order .brought up by the appeal. Interpreting the judgment of the .general terih. by the opinion of the learned judge, who spoke for the court, Phillips v. Negley, 2 Mackey, 236, we' must infer that it was intended to dismiss the appeal…
2Cases cited24 opinions
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- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
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3Cited by194 opinions
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