(DOWNLOAD) "Ex Parte John A. Davenport" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte John A. Davenport
- Author : United States Supreme Court
- Release Date : January 01, 1832
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is a motion for a mandamus to the district judge for the southern district of New York, directing him to restore to the record a plea of tender, which had been filed, together with a plea of non est factum, by Davenport, in a suit on a custom house bond for the payment of duties, brought against him in that court; and which had been ordered by the court to be struck from the docket as a nullity. As the allowance of double pleas and defences is a matter not of absolute right, but of discretion in the court, and as the courts constantly exercise a control over this privilege, and will disallow incompatible and sham pleas, no mandamus will lie to the court for the exercise of its authority in such cases; it being a matter of sound discretion, exclusively appertaining to its own practice. We cannot say judicially, that the court did not order the present plea to be struck from the record on this ground, as the record itself furnishes no positive means of information. But it appears from the affidavit of the party, and the opinion of the district court, with a copy of which we have been furnished, that the plea was in fact struck from the record upon the ground that under the sixty-fifth section of the duty collection act of 1799, chapter 128, the defendant has not a right to make every defence which he would be entitled to make in a suit at common law upon such a bond; but that the statute contemplates a summary proceeding and judgment against him, without preserving to him the same right of a trial by jury upon litigated questions of fact, at least not upon such questions of fact as are not within the issue of non est factum.
 "Ex Parte John A. Davenport" by United States Supreme Court ~ Book PDF Kindle ePub Free){kind=link}