Patterson v. United States
15 U.S. 221 (1817)

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U.S. Supreme Court

Patterson v. United States, 15 U.S. 2 Wheat. 221 221 (1817)

Patterson v. United States

15 U.S. (2 Wheat.) 221

Syllabus

A verdict is bad if it varies from the issue in a substantial matter or if it find only a part of that which is in issue, and though the court may give form to a general finding so as to make it harmonize with the issue, yet if it appears that the finding is different from the issue or is confined to a part only of the matter in issue, no judgment can be rendered upon the verdict.

In an action of debt, upon a bond to the United States with condition that certain merchandise imported and reshipped for exportation should not be relanded within the United States and that the certificate and other proofs required by law of the delivery of the same without the limits of the United States should be produced at the collector's office within one year from the date of the bond, an issue was formed upon the defendant's plea that the merchandise was not relanded, &c., and that the certificate and other proofs required by law of the delivery of the same at Archangel, in Russia, were produced, &c., within one year from the date of the bond. The jury found a verdict that

"the within-mentioned writing obligatory is the deed of the within named R.P., &c., and it finds there is really and justly due upon the said writing obligatory the sum of $23,989.58,"

held that the verdict was so defective no judgment could be rendered upon it.

A circuit court has no authority to issue a certiorari or other compulsory process to the district court for the removal of a cause from that jurisdiction, before a final judgment or decree is pronounced.

In such a case, the district court may and ought to refuse obedience to the process of the circuit court, and either party may move the circuit court for a procedendo after the transcript of the record is removed into that court, or may pursue the cause in the district court as if it had not been removed.

But if the party, instead of properly taking advantage of the irregularity in the proceedings, enters his appearance in the circuit court, takes defense, and pleads to issue, it is too late, after verdict, to object to the irregularity, and the Supreme Court will, on error, consider the cause as an original suit in the circuit court.

Page 15 U. S. 222

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