Church v. United States ex rel. Fidelity & Deposit Co.
Court of Appeals for the D.C. Circuit
Hearing on a motion to dismiss an appeal by the respondent, a justice of the peace, from an order directing a mandamus to issue to compel him to consider the sufficiency of an undertaking on appeal.
1Opinion of the CourtChief Justice Alvey
delivered the opiniou of the Court:
This is an appeal brought to this court by the appellant, Samuel R. Church, a justice of the peace, from an order of the court below, directing a mandamus to issue to the appellant, upon petition and answer, commanding him as such justice of the peace “to proceed to consider the question of the sufficiency of the proposed sureties, or any of them, and if he finds said sureties, or any of them, to be sufficient, then to approve said undertaking, allow an appeal, and send the papers to this court.” This order was made to effectuate an appeal from the judgment…
2Cases cited8 opinions
- Hunter v. United StatesSupreme Court of the United States · 1831
- Tompkins v. SandsNew York Supreme Court · 1832
- Hughes v. WheatSupreme Court of Arkansas · 1877
- United States v. GomezSupreme Court of the United States · 1866
- Coats v. State ex rel. Marion Window Glass Co.Indiana Supreme Court · 1892
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