Brown v. Petersen
Court of Appeals for the D.C. Circuit
Nearing on an appeal by tlie plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the Court for the claimant of property seized under a writ of execution. The Court in the opinion stated the case as follows: This is an appeal from a judgment of the supreme court of’ the District, in a suit which originated before a justice of the; peace, and it is a pertinent illustration of the inexpediency of the law which allows such appeals.
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Nearing on an appeal by tlie plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the Court for the claimant of property seized under a writ of execution. The Court in the opinion stated the case as follows: This is an appeal from a judgment of the supreme court of’ the District, in a suit which originated before a justice of the; peace, and it is a pertinent illustration of the inexpediency of the law which allows such appeals. It is understood that the costs; incurred in bringing the cause here have very considerably exceeded the original…
1Opinion of the CourtJustice Morris
1. The appellant contends that the appellee’s claim was not made until July 1, 1903, and that it was too late, as the articles levied on had then been sold. But the testimony is that the appellee’s claim was made to the marshal on June 27, 1903; and that the goods were sold on the same day. There is nothing in the record to show whether the sale was before or after the receipt of notice by the marshal; but as the law recognizes no fractions of a day, unless the circumstances demand it and there is testimony to the point, we must assume that the notice and the sale were simultaneous, and…
2Cases cited5 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Kelly v. JacksonSupreme Court of the United States · 1832
- United States v. WigginsSupreme Court of the United States · 1840
- Alexandre v. MacHanSupreme Court of the United States · 1893
3Cited by6 opinions
- District of Columbia v. Franklin Investment Co.District of Columbia Court of Appeals · 1979
- Gordon v. SullivanCourt of Appeals for the D.C. Circuit · 1951
- Walsh v. RosenbergCourt of Appeals for the D.C. Circuit · 1935
- In Re DiPasqualeUnited States Bankruptcy Court, D. Rhode Island · 1989
- O'Donnell v. S & R, Inc.District of Columbia Court of Appeals · 1977
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