The United States v. John Goodwin

Decision Date10 March 1812
PartiesTHE UNITED STATES v. JOHN GOODWIN
CourtU.S. Supreme Court

THIS was an action of debt brought originally in the District Court, for the District of Pennsylvania, by the United States, against John Goodwin, for 15,000 dollars, as a penalty for not entering goods agreeably to the prime cost, at the place of exportation, with intent to defraud the revenue. The judgment of the District Court, which was in favor of the United States, was, upon a writ of Error, reversed in the Circuit Court; and thereupon the United States sued out the present writ of Error to this Court.

A doubt having been suggested, whether this Court could take jurisdiction by writ of Error, in a civil action, which had been carried up by writ of Error, from the District Court to the Circuit Court, that question was submitted to this Court without argument.

At a subsequent day, viz: March 10, all the Judges being present.

WASHINGTON, J. delivered the opinion of the Court as follows:

This case stands upon a writ of error to the Circuit Court, for the District of Pennsylvania. By the record, it appears, that an action of debt was brought, in the name of the United States, against the Defendant in error, in the District Court of Pennsylvania; in which judgment was rendered for the United States. On a writ of error to the Circuit Court for that District, that judgment was reversed; and upon like process, the cause has been brought into this Court, for re-examination. A rule has been obtained by the Defendant in error, upon the United States, to show cause why the writ of error should not be dismissed; and the ground of the rule is, that, as the cause was not removed from the District into the Circuit Court, by appeal, but by writ of error, there is no provision in any of the laws of the United States, giving jurisdiction to this Court, to re-examine the judgment of the Circuit Court, upon a writ of error or otherwise. This question can only be decided by an attentive condideration of the different acts of Congress on this subject.

The 21st section of the judicial law of 1789, declares, that from final decrees in a District Court in cases of admiralty and maritime jurisdiction, where the matter in dispute, exclusive of costs, exceeds 300 dollars, an appeal shall be allowed to the Circuit Court. The 22d section provides, that final decrees and judgments in civil actions, in a District Court, where the matter in dispute exceeds the value of 50 dollars, exclusive of costs, may be re-examined and reversed of affirmed in a Circuit Court, upon a writ of error. This section then proceeds to declare, that, upon a like process, (that is to say, upon a writ of error,) may final judgments and decrees in civil actions and suits in Equity, in a Circuit Court, brought there by original process, or removed there from the State Courts, or by appeal from a District Court, where the value exceeds 2,000 dollars, exclusive of costs, be re-examined and reversed or affirmed in the Supreme Court.

The 2d section of the act of the 3d of March, 1803, so far changes the above sections of the act of 1799, that whereas the latter allows an appeal from the District to the Circuit Court, only in admiralty and maritime cases, where the value in dispute, exclusive of costs, exceeds 300 dollars, the former provides, an appeal from all final judgments or decrees in a District Court, where the matter in dispute, exclusive of costs, exceeds 50 dollars, and also an appeal to the Supreme Court, from all final ...

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3 cases
  • Christianson v. The Farmers' Warehouse Ass'n
    • United States
    • North Dakota Supreme Court
    • April 30, 1896
    ... ... No ... 16,750; Wiscart v. D'Auchy, 3 Dall ... 327; U.S. v. Goodwin, 11 U.S. 108, 7 Cranch 108, 3 ... L.Ed. 284. Appellate jurisdiction is ... ...
  • United States v. Hammond
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 4, 1938
    ...right which has become an accomplished fact, and, like the grace of a day that is gone, can never be taken away. In United States v. Goodwin, 7 Cranch 108, 110, 3 L.Ed. 284, Chief Justice Ellsworth is quoted as follows: "An appeal is a civil law process, and removes a cause entirely, subjec......
  • Crane v. Reeder
    • United States
    • Michigan Supreme Court
    • January 27, 1874
    ... ... United States for the eastern district of Michigan ... On that ... cited; United States v. Wonson, 1 Gall. 4; ... United States v. Goodwin, 11 U.S. 108, 7 Cranch 108, ... 3 L.Ed. 284 ... It is, ... ...

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