(Download) "Brown v. Wiley" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Wiley
- Author : United States Supreme Court
- Release Date : January 01, 1866
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In support of the motion. The right of appeal from the Supreme Court of the district is no greater under the act of 1863 constituting it, than was the right of appeal from the old Circuit Court, under the act of 1801, constituting it. In either case the writ of error lay only to 'a final judgment, order, or decree.' Now, the matter in contest in the Orphans' Court was the right to a certain surplus. The suit between the parties has to remain pending until a decree in the Orphans' Court is pronounced, giving it to one party on to the other. The certificate from the Supreme Court is nothing more than evidence of the finding of a jury upon the trial of the issue. It but certifies a fact; that is to say, that the jury had so found. The case is like Van Ness v. Van Ness,3 A.D. 1848, in which,–on an issue sent out of the Orphans' Court to the old Circuit Court, whose place the Supreme Court of the district supplies, to ascertain whether a certain Mary Ann Van Ness was the wife of J. P. Van Ness, a case, therefore, much like this,–Taney, C. J., says: 'The order of the Circuit Court directing a fact to be certified to another court to enable it to proceed to judgment, can hardly be regarded as a judgment order or decree, in the legal sense of these terms as used by the act of Congress. Certainly, it is not a final judgment; for it does not put an end to the suit in the Orphans' Court, as that court alone can dismiss the petition of the plaintiff which is there pending; and no other court has the power to pass a judgment upon it.' Messrs. Bardley and Davidge contra: Neither the act of 1801 nor of 1863 requires the final judgment or order to be rendered in a suit pending in a court as required by the Judiciary Act of 1789, § 22. Whilst under that act only final judgments or decrees can be re-examined, the jurisdiction as respects this district is broader and embraces all final judgments, orders, or decrees.