Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-16
THE COURT OF APPEALS,
As PROVIDED FOR IN WHIT IS KNOWN IS
THE DAVID DAVIS BILL.


WAsHIHGToS, December 15-The David
Davis bill for the relief of the Supreme
Court, which was fsverably reported upon
lest THURSDAY, by the subcommittee OF the
House Judiciary Committee having the snb
ject under consideration, provides for court
OF appeals. It's terms are shat a circuit
court shall be held in every judicial district
Of the United Slater, and the terms thereof
shall commence az the same time and place
those OF the Distkict Court; and ouch cir
cult court is hereby created and established
in every district where no such court now
exists, and shall belong to the circuit 10
whose territorial limits it is embraced" The
bill also provides that the circuit courts
shall have no jurisdiction in cases OF appeal
or wrIls OF error from the district courts
sued ont after certain date, except that re-
views in bankruptcy CAGES may be had as
heretofore. Ia each district there is 10 be
established a court OF appeals, which shall
have appellate Jurisdiction OF all cases arts
ing in the several Circuit and District Courts
within said circuits respectively. This Court
of Appeals is to consist OF the justice OF the
Supreme Court asst gnsd 10 the circuit and of
the circuit Judges thereof and two of the dis
trict judges, 10 be designated BY an order
OF the court at each term thereof, to serve
for the succeeding term. The designation is
10 be made as far az practicable in rotation,
one Judge competent TO preside, shall cous;i-
tute a quorum. In case OF the absence of
district judge 90 designated, smother district
Judge may be designated by the judges then
present 10 serve as long as such absence con-
tinces. In the absence OF the justice of the
Supreme Court, the senior circuit judge shall
preside. No circuit or district judge can
hear in the Appellate Court any cause or
question that he may have heard or tried in
the District or Circuit Court. Writs of error
in cases proper, and in all other cases IN APP
peal, may be taken to this court from any
Circuit or District Court within the circuit
when the amount exceeds $500, and in other |
cases where such now lies or where the cir |
cult or district judge certifes that the adju |
dication involves a question of gen.
eral importance. There are certain pro
visos regarding appeals, one OF which /
prohibits any re siew of the decision
of The Circuit Court in the exercise OF It's su- |
psrvisory jurisdiction in cases of bankruptcy. I
Ii allowed by judge OF the proper Court OF /
Appeals it may be sued out OF that court /
from the 6nal judgment of a circuit or dis
trict court in any criminal case to such court |
Of appeals within ninety days, but such writ |
is not TO operate as stay Of proceedings ex-
cept in capital cases, unless ordered BY |
the Judge granting said writ. The bill pro- |
vides that There shall be appointed for each /
circuit by tae President, BY and with Che adj
vice and consent of the Senate, two sddi-
tionsl circuit judges, who shall have The
same powers and jurisdiction and shall per-
form the sane duties aad be entitled TO the /
same compensation as tine circuit judge APP
pointed under existing lsws.". The bill also |
provides that terms Ct the Court Of Appeals
shall be held in the several Judicial circuits
at the following places: Ia me Fret circuit, |
Boston; Second circuit, New York City; |
Third circuit, Philadelphia; Fourth circuit,
Richmond; Fifth circuit, New Orleans; Sixth |
circuit, Cincinnati; Seventh circuit, Chicago;
Eighth circuit, 81. Louie, and Ninth circuit,
San Francisco.