James Barton Key

CourtUnited States Supreme Court
Citation189 U.S. 84,23 S.Ct. 624,47 L.Ed. 720
Docket NumberNo. 13,O,13
PartiesRe JAMES S. BARTON KEY, Petitioner . riginal
Decision Date27 April 1903

Messrs. Frederic D. McKenney, Henry P. Blair, and John Spalding Flannery for petitioner.

Mr. William C. Prentiss for respondents.

Mr. Chief Justice Fuller delivered the opinion of the court:

William F. Roberts brought an action against J. S. Barton Key and James P. Scott in February, 1901, before a justice of the peace of the District of Columbia, and recovered judgment for $196.30; whereupon Key and Scott carried the case by appeal to the supreme court of the District of Columbia, giving an undertaking on appeal with the United States Fidelity & Guaranty Company as surety. The case was tried in the District supreme court, and resulted in a judgment in favor of Scott and against Key and the guaranty company. From this judgment Key alone prosecuted an appeal to the court of appeals of the District of Columbia, without summons and severance or any equivalent. Roberts moved to dismiss on two grounds: (1) The want of parties (Mason v. United States, 136 U. S. 581, 34 L. ed. 545, 10 Sup. Ct. Rep. 1062; Hardee v. Wilson, 146 U. S. 179, 36 L. ed. 933, 13 Sup. Ct. Rep. 39); (2) that the court of appeals had no jurisdiction on appeal from the judgment of the court below in such cases.

The court of appeals had held in Groff v. Miller, 30 Wash. L. Rep. 434, that such an appeal could not be maintained, and accordingly dismissed the appeal in this case on the second ground. Id. 436. Key then applied to this court for leave to file a petition for mandamus requiring the court of appeals to reinstate the appeal and proceed to a hearing and determination of the same on the merits. Leave was granted, and due return has been made to a rule entered on the petition thereupon filed.

The case could not have been brought here on appeal or writ or error. Code District of Columbia, § 233. And no application for certiorari was made under § 234. Act of March 3, 1901 (31 Stat. at L. 1189, chap. 854).

The controversy in respect of appeals to the court of appeals from judgments in the supreme court of the District in cases appealed from justices of the peace, raised under §§ 82 and 226 of the act of 1901, was not only disposed of by the court of appeals in Groff v. Miller, but determined by the repeal of § 82 by the act of June 30, 1902. 32 Stat. at L. chap. 1329.

The writ of mandamus cannot be used to perform the office of an appeal or...

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13 cases
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    ... ... Co. v. McKnight, 233 U.S. 250, 34 S.Ct. 498, 58 L.Ed. 943, L ... R. A. 1915A, 1113.) ... [34 ... Idaho 149] James R. Bothwell, for Defendant ... The ... Secretary of Interior and the commissioner of reclamation are ... necessary parties, and unless ... ...
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    ... ... of the parties. (Southern P. Ry. Co. v. Edmunds, ... 168 Cal. 415, 143 P. 597; Miller v. James, 180 Cal ... 38, 179 P. 174; Crossman v. Greggs, 188 Mass. 156, ... 74 N.E. 358; Allen v. Frank (Tex. Civ. App.), 252 ... S.W. 347; Healey v ... ...
  • Crocker v. Justices of Superior Court
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 2 Marzo 1911
    ...294, 297, 68 N. E. 340;Finlay v. Boston, 196 Mass. 267, 270, 82 N. E. 5;McCarty v. St. Comm'rs, 188 Mass. 338, 74 N. E. 659;In re Key, 189 U. S. 84, 23 Sup. Ct. 624, 47 L. Ed. 720. But one of the ancient offices of this [94 N.E. 371]writ was to compel action by lower judicial tribunals resp......
  • Crocker v. Justices of Superior Court
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    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 2 Marzo 1911
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