[DOWNLOAD] "Buel v. Van Ness" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Buel v. Van Ness
- Author : United States Supreme Court
- Release Date : January 18, 1823
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
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Feb. 12th. Mr. Sergeant, for the plaintiff, argued, that the judgment of the State Court was erroneous upon the settled decisions of this Court. The collector, under whose authority the seizure was made, was clearly entitled to the moiety of the forfeiture given by the Collection Act of 1799, c. 122. s. 89. 91. and not the collector who was in office at the time condemnation was pronounced, and the money actually received.1 a The Attorney General, contra, argued, (1.) That the writ of error, in this case, was not, upon its face, to a final judgment of the highest Court of law of the State. This Court is a Court of a limited and special jurisdiction, both by the constitution, and by the act of Congress giving it appellate jurisdiction over the State Courts in certain cases. All persons who appear before it must bring themselves within the jurisdiction, either by the nature of the controversy, or the character of the parties.2 b The writ of error is the instrument by which the record is to be brought into this Court, and it must, therefore, exhibit, on its face, the appellate jurisdiction. (2.) The writ does not appear to have emanated from the office of the clerk of this Court, nor from any office authorized to issue it. The writ was issued by the clerk of the Circuit Court of Vermont. The act of May, 1792, c. 137. s. 9. directs the clerk of this Court to send to the clerks of the Circuit Courts, the form of a writ of error, to be issued by the latter under the seal of the Circuit Court. But this provision cannot apply to writs of error to judgments of the State Courts. (3.) It is not stated in the writ of error, nor does it appear, that the Supreme Court of the State of Vermont is the highest Court of law or equity in the State, in which a decision could be had. Non constat, but there may be another still higher appellate tribunal, where the cause might have been carried. (4.) The amount of the judgment is not sufficient to support a writ of error to this Court. The 25th section of the Judiciary Act of 1789, c. 20. provides, that in all cases where this Court has appellate jurisdiction from the judgments or decrees of the State Courts, they may be re-examined on a writ of error 'in the same manner, and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a Circuit Court.' One of those regulations is, that the matter in dispute must be of the value of 2000 dollars. And the policy of the law, or the supposed intention of the law makers, cannot give jurisdiction by implication. (5.) But if these formal objections should be overruled, he insisted, that the decision of the State Court was not against a right claimed under a statute of the United States, within the 25th section of the Judiciary Act of 1789, c. 20. since both parties claimed the sum of money in controversy under the same act of Congress. If the State Court has committed any error, it is merely in misconstruing an act of Congress, and not in deciding against any right, title, privilege, or exemption claimed by the plaintiff under it. The decision is in favour of a party so claiming, and where that is the case, this Court has no jurisdiction.3 c (6.) The plaintiff was not entitled to judgment on the special verdict, because the inspector, who appears by it to have acted as seizing officer, must have been entitled by law to a proportion of the forfeiture, and, therefore, the plaintiff could not have been entitled to the whole amount found by the jury.