WISCART V. DAUCHY
Decision Date | 01 January 1796 |
Court | U.S. Supreme Court |
FOR THE VIRGINIA DISTRICT
In causes of equity or admiralty jurisdiction removed to this Court, accompanied with a statement of facts but without the evidence, the statement is conclusive as to all the facts which it contains. If such causes are removed with a statement of facts and also with the evidence, still the statement is conclusive as to all the facts contained in it.
The original proceeding was on the equity side of the court below, where the defendant in error had filed a bill charging Adrian Wiscart and Augustine De Neusville, co-partners, with having fraudulently conveyed all their estate, real and personal, by three separate deeds to Peter Robert De Neusville (who was also made a defendant to the bill) with a view to prevent the complainant's recovering the amount of a decree, which he had formerly obtained in another suit against them. The answers averred the conveyances to be made bona fide, and for a valuable consideration, but after a full hearing of the case, the circuit court (consisting of Judges Iredell and Griffin) delivered the following opinion:
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Donaghy v. State
... ... remove nothing for re-examination but the law. 1 Woolley, 46; ... 1 Bouv. Law Dict. tit. Appeal; Wiscart v. Dauchy, 3 ... U.S. 321, 1 L.Ed. 619 ... There ... have been in this state so few appeals in criminal cases from ... inferior courts ... ...
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Ccpa No. 1 v. County of Sonoma
...Court from its earliest decisions to those of the present day. (See Eskridge, supra, at pp. 1066-1087; e.g., Wiscart v. D'Auchy (1796) 3 U.S. 321, 323, 3 Dall. 321, 1 L.Ed. 619 ["If . . . the construction . . . would amount to a denial of justice, would be oppressively injurious to individu......
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Western Cornice & Manufacturing Works v. Leavenworth
...of civil law origin, and removes a cause entirely, subjecting the fact, as well as the law, to a review and retrial." (Wiscart v. Dauchy, 3 U.S. 321, 3 Dall. 321, 327.) "It is in fact granting a new trial, upon the issue, in a higher court." (Rawson v. Adams, 17 Johns. 131; Winfield, Adjudg......
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Rupert v. Board of Commissioners of Alturas County
...by this method? At common law appeals of this character are unknown. (See Powell's Appellate Proceedings, p. 104, sec. 6; Wiscart v. Dauchy, 3 U.S. 321, 3 Dall. 321; Curtis' American Conveyancer, sec. 185.) The right appeal, therefore, and the method of perfecting it is wholly dependent upo......
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DIVERSITY JURISDICTION AND THE COMMON-LAW SCOPE OF THE CIVIL ACTION.
...the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs"). The Court had held in Wiscart v. d'Auchy, 3 U.S. 321, 328 (1796), that "causes in admiralty and maritime jurisdiction" within the meaning of section 9 of the Judiciary Act were "civil actions" subj......