Veazie v. Wadleigh - 36 U.S. 55 (1837)
U.S. Supreme Court
Veazie v. Wadleigh, 36 U.S. 11 Pet. 55 55 (1837)
Veazie v. Wadleigh
36 U.S. (11 Pet.) 55
On the trial of a cause in the Circuit Court of the District of Maine, upon certain questions which arose in the progress of the trial, the judges of the court were divided in opinion, and the questions were, at the request of the plaintiff, certified to the Supreme Court, to January term, 1835. In December, 1836, the plaintiff filed in the office of the clerk of the Circuit Court of Maine, a notice to the defendant that he had discontinued the suit in the circuit court, and that as soon as the Supreme Court should meet at Washington, the same disposition would be made of it there, and that the costs would be paid when made up. A copy of this notice was given to the counsel of the defendants. The plaintiffs counsel asked the court for leave to discontinue the cause, and the discontinuance was allowed.
Quaere whether the party on whose motion questions are certified to the Supreme Court, under the act of Congress, has a right generally to withdraw the record or discontinue the case in the Supreme Court, the original cause being detained in the circuit court for ulterior proceedings.
An action of trespass was instituted in 1835 in the Circuit Court of the District of Maine, and the question between the plaintiff and the defendant was as to the title in certain lots of ground, described in the declaration, in the County of Penobscot in the State of Maine.
The case came on to be tried before the circuit court at October term 1835, and the judges of the court being divided in opinion on certain questions arising in the trial of the cause, the same were, at the request of the plaintiff, by the order of the court, certified to the Supreme Court of the United States. The case was docketed at January term 1836.
On 15 December 1836, the plaintiff filed a notice in the circuit court, that the case then under a certificate of division to the Supreme Court of the United States was discontinued in the circuit court, and that the same would be discontinued in the Supreme Court at Washington as soon as that Court should meet. The notice also stated the readiness of the plaintiff to pay the legal costs of the defendants when the same should be made up. Notice of this paper was given to the defendants.
Smith and Butler, of counsel for the plaintiff, moved the court to discontinue the case.