Stuart v. Laird

5 U.S. (1 Cranch) 299 (1803)

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Nature of the Case

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Facts

Laird (P) sued D. A judgment was entered in a court for the fourth circuit in the eastern district of Virginia, in December term 1801. An execution was issued, returnable to April term 1802, in the same court. It just so happens the following changes took place. Congress repealed the Judiciary Act of 1801. This eliminated circuit courts and circuit judges under that Act. Congress then passed the Judiciary Act of 1802. It allowed Supreme Court justices to sit on circuit courts. In the term of December 1802, P obtained judgment at a court for the fifth circuit in the Virginia district, against D upon their bond for the forthcoming and delivery of certain property therein mentioned, which had been levied upon by virtue of the above execution against the P. Ds sought the reversal of a judgment rendered by the lower court on the ground that the lower court had exceeded its power by proceeding upon a bond ordered by a prior court. The bond was given for the delivery of property levied on by way of an execution issuing out of, and returnable to, the prior court.