Jackson ex dem. Bradstreet v. Thomas
Supreme Court of the United States
AT January term 1829, on motion of Mr Key, and on affidavit filed, the court granted a rule on the honourable Alfred Conklin, district judge of the northern district of New Fork, to show cause why he -did not sign a certain bill of exceptions tendered to him on the pait of the plaiutiff, in the case of James Jackson ex dem. of Martha Bradstreet vs. Daniel Thomas; which cause had been tried before.him, and a verdict given for the defendant.
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AT January term 1829, on motion of Mr Key, and on affidavit filed, the court granted a rule on the honourable Alfred Conklin, district judge of the northern district of New Fork, to show cause why he -did not sign a certain bill of exceptions tendered to him on the pait of the plaiutiff, in the case of James Jackson ex dem. of Martha Bradstreet vs. Daniel Thomas; which cause had been tried before.him, and a verdict given for the defendant. The rule was made returnable on the second Monday in January of this term. The same rule was. obtained in the case of Jackson ex dem. of Martha Bradstreet…
1Opinion of the CourtChief Justice Marshall
The court is unanimously of opinion that the rule ought not to be granted.
This is not a case in which the judge has refused to sign a bill of exceptions. The judge has signed such a bill as he thinks correct. If the court .had granted a rule upon the district judge to sign a bill of exceptions, the judge could have returned that he had performed that duty. But the . object of the rule is, to oblige the judge to sign a particular bill of exceptions, which had been offered to him. The court granted the rule to show cause; and the judge has shown cause, by saying he has done all that can- be…
2Cited by1 opinion
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830