The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-23

Mr.. C;Anyrvr,p once expressed bimseh N
favor Of powerful central national govern
mect, whose sttosg arm could DC fe't ~
every part OF the Unitcd States. He WIZ
soon he President. and will have II IN MS
power 10 make the executive arm OF the
Government almost a. strong ~ be may
choose 10 make II. The legislative DEPART
meut viii not be under the contro' OF ms
party for several years TO come, and possibly
never agaiu. But the Supreme Court Of the
United states IL coming up to his aid with
alacrIty: and Virginia Is the drst State
TO feel the strong arm OF the 1udi'
cial department. For the first time
In her history the Supreme Court o.
the United States sends It's mandate
direct to an inferior court OF hers, and will
no doubt send its own marshal into Vir-
ginia to levy upon the property OF citizen
Of this Commonwealth unless the Circuit
Court OF Rockingham county shall carry
out the orders II has received from wash
inetou. Before the late war between the
States our Supreme Court OF Appeals once
refused positively to obey the mandate OF
the Supreme Court OF the United States.
or course we publish this opinion for the
especial benefit OF the legal profession,
though many other persons will no doubt
find IL interesting. We leave 1t TO the law
yers to make their own comments upon IL.
RICHMOND, December 90, 1880.
To the Editors Of the Dispatch:
The following opinion, just delivered 10
the Supreme Court OF the United States,
has lust been sent 10 the, and II Is one OF
such unusual importance that hand IL 10
you.
The act Of Congress, Revised Statutes
United States, section I09. authorizes the
Supreme Court when reversing The 1udg'
men. OF the highest court OF State TO
awai d execution from its own clerks Office.
The plaintiff In this case can now, there.
fore, have The marshal OF the United States
sent with the Supreme Courts process TO
Rockingham county, Va. TO make bis
money. WILLIAM L.. hofALL'
Supreme Court of The United States cto-
Der Term, ISS0-No. 80 OF october Term,
1877.
Charles Is. w liiittDS uUu Otbts D' h'hNr.'
partners as Williams a. Arrest, plaintiffs
in error, as. Jason n. Brufy, admlnlstra-
tor OF George Brutfy, deceased. l. IL
ton Of the plaintiffs In error that the
Court take proceedings to render It's 1udg'
ment effpctual.
Mr.. Justice Field delivered the opinion
OF the Court.
The Court of Appeals Of Virginia declines
.lasn 81 n.aII
in this case, and the petition OF The plaintiffs
in error is that this court will take such
proceedings as will render its judgment
effectual.
The plaintiffs in error are citizens OF the
State of Pennsylvania, and ia 1866 they To-
stiluted an action ia ibe Circuit Court OF
Rockingham county, Va. against the adj
mipistrator OF tie estate OF one George
Brnfiy, deceased, who at The time OF bis
death was citizen OF Virginia, for the value
OF certain gooas sold by them to him in
March, 1861.
The administrator appeared to The action
and pleaded the general issue and certain
special pleas, the substance OF which was
that Pennsylvania was one OF The Uni'ed
States and that Virginia was one OF the
States which had formed a confederation
known as the Confederate States; that from
some time ip 1861 until some time in 1868
The Government of the United States was
at war with the Government OF the C0nfed-
crate States; and That by "A law OF the Con-
federate States debts to alien enemies were
seouestered; that the intestate bad paid
over the amount claimed in this action to a
receiver in those States appointed under
that law, and was thus discharged from the
debt to the plaintiffs.
To these pleas the plaintiff, demurred,
but the demurrer was overruied. The Gaze
was then submitted TO the Court upon GER
tain dispositions and an agreed statement OF
facts. They established the sale and de-
livery Of the goods for which action was
brought, the residence OF the plaintiffs in
Pennsy ivania, and OF the deceased in Vir-
ginia, during the war, the payment by The
latter OF the debt claimed TO the stquestra-
tor OF the Confederate Government under a
Judgment OF Confederate court. The Cir
cult Court OF Rockingham county, there.
fore, gave judgment for the defendant, and
the plaintiffs applied to the Supreme Count
of Appeals OF the State for writ OF ST.
persedeas to bring the case before 1t for re-
view.
In the courts OF ether States SuperSededS
Is merely an auxiliary process designed to
supersedp the enforcement OF the judgment
OF the court below brought up by writ OF
error for review. But 10 Virginia it serves
different purpose. "There." says ROBIN
son in bis tleitise on The practice in the
courts OF that State, "the writ OF error Is
never used as a means OF removing the
Judgment Of an inferior court before su.
perior tribunal except in those cases In
which security Is dispensed with. In prac.
tice, the SuperSededS is q substitute for The
writ Of error in all cases in which 1t is de.
signed that the Judgment OF The court be-
low shall be Superseded. "-(v0l. l., p. $50;
White rs. Jones. Wash, 1lS; BnrweI Us.
Anderson. 2 Ibid, 1874; WinefieId Us.
Crensbaw, 8 Henning Il MumIord, 25l.)
BY the law OF that State. when application
is made 10 the Supreme Court Of Appeals
for writ OF SuperSedeaS, the Court looks
into the record Of the case, and only allows
the writ when Of opinion that the decision
complained OF onght to be reviewed. Iis
action upon the record is in effect a deter
mination whether or not it presents suffi.
cient question for the consideration Of the
Court. II 1t deem the judgment OF the
court below "plaiuly right" and reject the
application on that ground, and its order Of
rejection so state, no further application for
the writ Gun be presented; the Judgment OF
the court below is thenceforth irreversible.
So, 10 effect, its refusal Of the writ on that
ground is equivalent to an affirmance OF the
judgment, for the reason that the record
discIoses no error.
In The present case The Supreme Court OF
Appeals denied the writ, stating in its or
der that 1t was Of opinion that the judgment
OF toe court OF Rockingham county was
"plainly right" TO review this action OF
the (,oIlrt of Anr,eats-this determination