Semmes v. United States
91 U.S. 21 (1875)

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U.S. Supreme Court

Semmes v. United States, 91 U.S. 21 (1875)

Semmes v. United States

91 U.S. 21

Syllabus

1. The power of amending a writ of error returnable to the circuit court is vested in that court as fully as it is in the Supreme Court on writs of error returnable to it.

2. The judgment of the circuit court ought not to be reversed for defects of form in the process returnable on error to that court, which are amendable by the express words of an act of Congress.

3. The proclamation of the President of the United States, bearing date Sept. 7, 1867, did not work the dismissal of legal proceedings against property seized under the Confiscation Act of July 17, 1883, or provide for the restoration of all rights of property to persons engaged in the rebellion.

4. Property so seized became the property of the United States from the date of the decree of condemnation.

5. The writ of error vested the circuit court with complete jurisdiction, and that court having reversed the second decree of the district court, dismissing the libel, and adjudged that the first decree condemning the property should remain in full force, might "proceed to pass such decree as should have been passed" by the subordinate court, and if a decree confirming the sale of the property was necessary, it was entirely competent for the circuit court to pass it.

Page 91 U. S. 22

The facts are stated, and the assignment of errors is referred to, in the opinion of the Court.

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