Ex Parte Crenshaw - 40 U.S. 119 (1841)


U.S. Supreme Court

Ex Parte Crenshaw, 40 U.S. 15 Pet. 119 119 (1841)

Ex Parte Crenshaw

40 U.S. (15 Pet.) 119

APPEAL FROM THE CIRCUIT

COURT OF ALABAMA

At January term 1840, the case of Jefferson L. Edmonds, appellants, v. Anderson Crenshaw was brought before the Court on appeal from the decree of the Circuit Court of Alabama, which had been given in favor of the appellee, in which court the bill of the complainants, the appellants, was ordered to be dismissed. The Supreme Court had proceeded to hear and adjudge the case, after argument for the appellants by their counsel, Mr. Key, no counsel appearing for Crenshaw, 39 U. S. 14 Pet. 166, and had reversed the decree of the circuit court. It was afterwards discovered that a citation on the appeal had never been served on the appellee, and that the Court was, by an accidental circumstance, in the printing of the transcript of the record for the use of the Supreme Court, led to the belief that the appellee had been cited to appear, in the manner required by the judiciary law. Under this belief, the Court had proceeded to a decision of the case.

Sergeant, for Crenshaw, on notice to Key, the counsel for Jefferson L. Edmonds and others, moved the Court, on the first day of the term, to set aside and annul the judgment and decree of this Court in the case on the ground that no citation had been served upon the appellee nor other notice given to him of the appeal, and that the same was heard ex parte. He also moved to dismiss the case on the ground that it was brought up by writ of error, instead of appeal, and whether by appeal or writ of error, it was not in time, and also on other grounds.

Page 40 U. S. 123

TANEY, CH.J., delivered the opinion of the Court.



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