Montgomery Hernandez
| Decision Date | 28 February 1827 |
| Citation | 12 Wheat. 129,6 L.Ed. 575,25 U.S. 129 |
| Parties | MONTGOMERY, Plaintiff in Error, against HERNANDEZ and Others, Defendants in Error |
| Court | U.S. Supreme Court |
This case is brought up by writ of error from the highest Court of law of the State of Louisiana.
The case is, that the defendants in error instituted a suit, in their own names, in the District Court of the State for the first judicial district, upon the bond given by Michael Reynolds to the United States, as marshal of the district of Louisiana, conditioned to be void upon his 'well and faithfully executing the duties of his said office;' and the plaintiff in error having executed the bond, as one of the marshal's sureties, and the marshal having since died, the suit was brought against the plaintiff in error, and the said Reynolds' personal representative.
The breach of the condition of the bond alleged, is, that by the order of the District Court of the United States, for the district of Louisiana, in a suit in Admiralty, wherein the defendants in error were libellants against the schooner Estrella and her cargo, the vessel and cargo were directed, by the Court, to be sold by the marshal, and the proceeds of the sale held by the marshal, subject to the order of the Court; that the marshal, in pursuance of that order, sold the vessel and cargo, and received the money; that the Court of Admiralty, by its final decree in the cause, directed the vessel and cargo, or the proceeds thereof, to be restored to the libellants; and that the marshal had failed to pay over to the libellants, 3,126 dollars, part of the proceeds, as was his duty, under the final order and decree of the Court. The suit having been commenced and prosecuted, by petition, according to the practice of the civil
a He cited Pothier des Obligations, No. 645. De Prescription, No. 22, 23. 3 Cranch, 91, 92 law which prevails in Louisiana, the respondent, Montgomery, put in his answer, admitting the execution of the bond, but insisting, that as the bond was executed to the United States, and the defendants in error no parties to it, they had no right or interest in the bond, and could not sue for a breach of the condition thereof; and denying the breaches alleged in the petition. By a supplemental answer, in the nature of a plea of the act of limitations, Montgomery alleged, if any breach had taken place, that more than six years had intervened since the cause of action, before the institution of the suit.
The record states, that the jury sworn in the cause, after hearing testimony, and receiving a charge from the Court, returned a verdict for the defendants in error, for the sum of 3,126 dollars; for which sum judgment was rendered upon the verdict in their favour. From this judgment Montgomery appealed to the Supreme Court of the State, where the judgment of the District Court was affirmed; and this judgment is sought to be reversed in this Court upon the present writ of error.
On the trial of the cause in the District Court, Montgomery objected to the admission, as testimony, to the jury, certain documents, purporting to be accounts of the marshal's sales of the Estrella and cargo; and, his objections being overruled, he excepted to the opinion of the Court, admitting the papers offered; and his exception was sealed, and made part of the record.
The appellate jurisdiction of this Court, in cases decided in the State Courts, is very special and limited in its character. By the 25th section of the judiciary act, made in pursuance of the constitution, it is provided, 'That a final judgment or decree, in any suit in the highest Court of law or equity of a State, in which a decision in 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 such 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, specially set up by either party, under such...
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