Stuart v. Laird
| Decision Date | 01 February 1803 |
| Citation | 5 U.S. 299,2 L.Ed. 115,1 Cranch 299 |
| Parties | STUART v. LAIRD |
| Court | U.S. Supreme Court |
ERROR from the fifth circuit in the Virginia district.
A judgment was obtained by the defendant in error, in the court of the United States for the middle circuit, in the Virginia district, in an action instituted in that court in January 1801, for a debt due by the plaintiff in error to him, for and on behalf of Laird and Robertson of Port Glasgow, Great Britain.
The middle circuit court in the Virginia district was established by the judiciary act of 1789, and continued until the 13th of February 1801, when an act was passed, entitled 'an act to provide for the more convenient organization of the courts of the United States.' 1 Story's L. U. S. 797.
By the twenty-first section of that act, all cases depending in the middle circuit court in Virginia, were transferred to other circuit courts, established by that law; and by the passed 8 March 1802, the provisions of the judiciary act of 1789 as to the middle circuit court of Virginia were revised, and re-enacted.
The case in the middle circuit court, went from that court in February 1801, to the court established by the act of 13 February 1801; and it afterwards, on the repeal of that law, returned to the court in which it was originally commenced. While it was pending in the court established in February 1801, certain proceedings were had, which were brought up with the record, and to which the exceptions were taken by the defendant below, and were presented for the consideration of this court.
The exceptions before this court were, 1. That congress could not transfer causes from one circuit court to another; and therefore all the proceedings in the court established by the act of February 13, 1801, were void. 2. That the justices of the supreme court of the United States could not by an act of congress be assigned to hold circuit courts.
[Argument of Counsel from pages 300-307 intentionally omitted] Mr. Chief Justice Marshall having tried the cause in the court below, declined giving an opinion.
On an action instituted by John Laird against Hugh Stuart, a judgment was entered in a court for the fourth circuit in the eastern district of Virginia, in December term 1801. On this judgment, an execution was issued, returnable to April term 1802, in the same court. In the term of December 1802, John Laird obtained...
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... ... 174, text 186, 46 N.E. 77, 37 L ... R. A. 189; Smith v. Indianapolis Street Railway Co., ... 158 Ind. 425, text 435, 63 N.E. 849; Stuart v. Laird, 1 ... Cranch (U. S.) 299, 2 L.Ed. 115. This objection, even if ... tenable, would not make the entire act unconstitutional ... Section ... ...
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... ... book until the present time. It must, therefore, be ... considered as a contemporary interpretation, entitled to much ... weight. Stuart v. Laird, 1 Cranch 299 (2 ... L.Ed. 115); Martin v. Hunter, 1 Wheat. 304 ... (4 L.Ed. 97); Cohens v. Virginia, 6 Wheat ... 264 (5 ... ...
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...the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled.... Stuart v. Laird, 5 U.S. (1 Cranch) 299, 308, 2 L.Ed. 115 (1803). Rulemaking by the courts within their power under 28 U.S.C. § 1654 may prove inconvenient, even somewhat burdensome......
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