Legal Opinion

Starr v. United States

District of Columbia Court of Appeals

Decided May 19, 1896No. 563Published

'Hearing on an appeal by the defendant from an order vacating an entry of satisfaction of a judgment. The Court in its opinion stated the case as follows : This is an appeal from an order of the Supreme Court of the District of Columbia vacating an entry of satisfaction of a judgment that had been rendered in favor of the appellees.

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'Hearing on an appeal by the defendant from an order vacating an entry of satisfaction of a judgment. The Court in its opinion stated the case as follows : This is an appeal from an order of the Supreme Court of the District of Columbia vacating an entry of satisfaction of a judgment that had been rendered in favor of the appellees. Suit at common law was instituted on Mat' 15, 1SS3, by the United States of America against Collier C. Fraser, William M. Starr and George T. Mason, the first named as principal, and the other two as sureties, on a bond given by Fraser as a bidder to carry the…

1Opinion of the CourtJustice Morkis

Two assignments of error arc stated: ist. That it was error to grant the motion of the appellee to vacate the return of the marshal showing the satisfaction in full of the judgment ; 2d. That it was error to grant the motion of the marshal for leave to withdraw and amend his return.

The appellant, in his brief and oral argument, discusses also two other questions, not raised by these assignments : 1st. That the declaration in the case shows no cause of action, and that consequently the judgment was null and void, and no further proceedings can be had thereon; 2d. That the plaintiff, by…

2Cases cited8 opinions

  1. Brown v. FrostNew York Court of Chancery · 1843
  2. Griffin v. ThompsonSupreme Court of the United States · 1844
  3. Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
  4. Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
  5. Van Ness v. HyattSupreme Court of the United States · 1839

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