Wayman v. Southard
Supreme Court of the United States
This cause was certified from the Circuit Court for the District of Kentucky, upon a certificate of a division of opinion between the Judges of that Court, on several motions, which occurred on a motion made by the plaintiffs to quash the Marshal’s return on an execution issued on a judgment obtained in that Court, and also to quash the replevin bond taken on the said execution, for the following causes : 1. Because the Marshal, in taking the replevin bond, and making said…
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This cause was certified from the Circuit Court for the District of Kentucky, upon a certificate of a division of opinion between the Judges of that Court, on several motions, which occurred on a motion made by the plaintiffs to quash the Marshal’s return on an execution issued on a judgment obtained in that Court, and also to quash the replevin bond taken on the said execution, for the following causes : 1. Because the Marshal, in taking the replevin bond, and making said return, has proceeded under the statutes of Kentucky, in relation to executions ; which statutes are not applieablé to…
1Opinion of the CourtChief Justice Marshall
Some preliminary objections have been made by the counsel for the defendants, to the manner in which these questions are brought before the Court, which are to be disposed of before the questions themselves can be considered.
It is said that the proceeding was ex. parte. The law Which empowers this Court to take cognizance of. questions adjourned from a Circuit, gives jurisdiction over the single point on which the Judges were divided, not over the whole cause. The inquiry, therefore, whether the par-
Congress has power to regulate the process in all cases, in the Courts of the Union.
ties were…
2Cases cited1 opinion
- Palmer v. AllenSupreme Court of the United States · 1813
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- Carlson v. LandonSupreme Court of the United States · 1952
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