Brown v. Slater
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the petitioner from an order of the Supreme Court of the District of Columbia quashing a writ of certiorari.
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Hearing on an appeal by the petitioner from an order of the Supreme Court of the District of Columbia quashing a writ of certiorari. The Court in the opinion stated the case as follows: In this case proceedings were instituted before a justice of the peace, under § 20 of the Code of this District, by the appellee George W. E. Slater, as purchaser in a sale under a deed of trust or mortgage which had been foreclosed, to recover the possession of the property which he had purchased, against the appellant, Eliza Brown, who was the grantor or mortgagor in the deed, and who continued to hold…
1Opinion of the CourtJustice Morris
We are compelled to notice a question which presents itself on the threshold of this case, although it has not been touched upon by either side, either in the briefs or in oral argument. Is there no limit to the number of writs of certiorari which a litigant may sue out in the same case upon the same identical ground ? May a litigant, after one writ of certiorari procured by him has been quashed for any defect or insufficiency in his petition or proceeding, and liberty to amend has been denied to him, proceed forthwith to procure the issue of another writ of certiorari on the same identical…
2Cases cited1 opinion
- Willis v. Eastern Trust & Banking Co.Supreme Court of the United States · 1898
3Cited by5 opinions
- Shapiro v. ChristopherCourt of Appeals for the D.C. Circuit · 1952
- Shipley v. MajorDistrict of Columbia Court of Appeals · 1945
- Knowles v. MosherDistrict of Columbia Court of Appeals · 1946
- Pernell v. Southall RealtyDistrict of Columbia Court of Appeals · 1972
- Mindell v. GlennDistrict of Columbia Court of Appeals · 1949