(Download) "John D. Amis, Plaintiff in Error v. Nathan Smith" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: John D. Amis, Plaintiff in Error v. Nathan Smith
- Author : United States Supreme Court
- Release Date : January 01, 1842
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Key contended:–1. That there was error in the proceedings of the district court in allowing a discontinuance as to Daniel W. Wright, one of the defendants, and entering a judgment against the other defendants. 2. There was error in the court having refused to quash the forthcoming bond given by John D. Amis and Samuel Butterworth. The Fieri facias which had been issued on the judgment, was not warranted by the judgment, because it included interest, which was not given by the judgment. The execution was illegal, and the bond given after it had issued, was void. 3. Refusing to quash the bond, and leaving it in force as forfeited, was a final judgment on which a writ of error will lie. 1. What does the record bring up for revision? The whole case; the original judgment; this is so from the nature of the proceeding. The forfeited bond is a proceeding by statute; it is made a statutory judgment. It must, therefore, conform to the statute, and to do so, it must be founded on a lawful execution, and a valid judgment. Take away that judgment, the foundation, and all the rest falls. This is settled in 7 Cranch 288; 5 How. (Miss.) 191-2, 194-5. Hence it is, that the act of the legislature, of 1837, was necessary. Without that act, the original judgment could have been taken up to a court of error, and reversed; and that reversal would have put up an end to the proceedings under it. United States Bank v. Patton, 5 How. (Miss.) 223; 1 Ibid. 98.
 "John D. Amis, Plaintiff in Error v. Nathan Smith" by United States Supreme Court ~ Book PDF Kindle ePub Free){kind=link}