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eBook details

• Title: Rodd v. Heartt
• Author : United States Supreme Court
• Release Date : January 01, 1872
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Mr. R. De Gray, for the motion, asked the dismissal of the appeal on three grounds: First. That the appeal was from a decree of the Circuit Court, reversing a decree of the District Court, and was allowed by the district judge; who, though the Judiciary Act makes him a member of the Circuit Court, yet provided 'that no district judge shall give a vote in any cause of appeal . . . from his own decision.' Second. Because no one of the claims exceeded $2000; Rodd's, which was the largest, being but $1498.99, and the Judiciary Acts giving an appeal only 'where the matter in dispute exceeds $2000.' Third. Because the appeal was not in time to operate as a supersedeas; more than ten days, as the learned counsel alleged, having elapsed from the 3d of June, when, as he contended, the final decree was entered, till the 15th, when the appeal was allowed, and the Judiciary Act of 1789, making a writ of error (to which by an act of 1803 any appeal conforms) a supersedeas only in cases where it is served within ten days (Sundays excepted) after the decree has passed.

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