John Kinney, William Connell and Kay Moss, Plaintiffs In Error v. John Carroll

• Decision Date: 01 January 1838
• Citation: 12 Pet. 66,9 L.Ed. 1002,37 U.S. 66
• Parties: JOHN McKINNEY, WILLIAM McCONNELL AND KAY MOSS, PLAINTIFFS IN ERROR v. JOHN CARROLL
• Court: U.S. Supreme Court

37 U.S. 66

12 Pet. 66

9 L.Ed. 1002

JOHN McKINNEY, WILLIAM McCONNELL AND KAY MOSS, PLAINTIFFS IN ERROR v. JOHN CARROLL.

January Term, 1838

IN error to the court of appeals of the state of Kentucky.

This case was argued by Mr. Jones for the plaintiffs in error, and by Mr. Woodward for the defendant. The argument was upon points upon which the Court expressed no opinion; as on consideration of the case, it was found not to be within the jurisdiction of the Supreme Court; to which it had been removed by a writ of error to the court of appeals of Kentucky. The arguments of the counsel are not, therefore, inserted in the report.

Mr. Justice M'KINLEY delivered the opinion of the Court.

This is a writ of error to a judgment of the court of appeals of Kentucky, affirming a judgment of the Jessamine circuit court.^*

The heirs of John Moss recovered a judgment, in ejectment, against the defendant in error, in the said circuit court, at the October term, 1815, for a tract of land in Jessamine county; and, at the same term, commissioners were appointed, in conformity with the act of the 31st of January, 1812, concerning occupying claimants of lands, to value the land in controversy, the improvements thereon, &c. At a subsequent term of the court, the commissioners made their report; and, among other things, reported the improvements on the land to be of the value of one thousand six hundred and ninety-eight dollars. At the October term, 1819, of the said circuit court, on the motion of the defendant, judgment was rendered in his favour, against the plaintiffs in ejectment, for said sum of one thousand six hundred and ninety-eight dollars. And, on the 25th day of October, 1819, the plaintiffs in error, as sureties of the plaintiffs in ejectment, executed a bond to the defendant, with condition to pay said sum of one thousand six hundred and ninety-eight dollars, in two equal annual instalments, with interest, as authorized by said act; which bond had, by law, the force of a judgment; and execution was authorized to be issued thereon, as in case of replevin bonds.

On the 7th day of December, 1821, an execution issued on the bond, against the plaintiffs in error; who, availing themselves of the benefit of a statute, then in force, replevied the debt for two years more. When execution issued against them, on the replevin bond, they applied to the judge of said circuit court, for a writ of error coram vobis; and in their petition assigned, in substance, these errors: first, the act of the 31st of January, 1812, concerning occupying claimants of lands, is a violation of the compact between Virginia and Kentucky, and a violation of the constitution of the United States; and therefore the bond and other proceedings, under it, are void: second, but one bond was given for both instalments, when there should have been a bond given for each instalment: third, but one execution issued for both instalments, when there should have been an execution issued for each instalment: fourth, the law under which the replevin bond was given, is a violation of the constitution of Kentucky, and a violation of the constitution of the United States; and, therefore, the bond is void: fifth, the whole proceedings are erroneous, wanting form and substance.

The judge of the circuit court awarded the writ of error coram vobis, on the 15th day of March, 1824, returnable to the next term of said circuit court. At which term, on the 28th day of April, 1824, by judgment of the court, the writ of error coram vobis was dismissed. From this judgment, the plaintiffs in error appealed to the court of appeals; and assigned, there, the following errors: first, the court erred in giving judgment upon the several matters and errors alleged in the petition for the writ of error coram vobis, and the assignment of errors therein contained: second, the court ought to have quashed the said execution, bond, &c. as prayed for in the petition and writ of error coram vobis. Upon the hearing of the cause, the court of appeals affirmed the judgment of the circuit court.

The jurisdiction of this Court over this cause, was not questioned at the bar; but the question appears necessarily to arise on the record, and must therefore be decided by the Court. The 25th section of the judiciary act of 1789, confers appellate jurisdiction on this Court, from final judgments and decrees, in any suit in the highest court of law or equity of a state, in which a decision of the suit could be had; where is drawn in question the validity of a treaty, or statute of, or an authority exercised under the United States, and the decision is against their validity: or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favour of their validity: or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under, the United States, and the decision is against the title, right, privilege or exemption set up or claimed by either party.

In this case, two statutes of Kentucky have been drawn in question, on the ground of their repugnance to the constitution of the United States. But, whether the court of appeals decided in favour of their validity, will depend first, upon, whether the questions arising under those statutes were not, or might have been, decided upon the authority of the state laws, without involving their validity under the constitution of the United States; and, secondly, whether the record of this case shows that the court did decide in favour of their validity.

A question arose at the bar, whether the judgment of the circuit court, in favour of the defendant, and against the plaintiffs in ejectment, was before the court of appeals, on the trial there....