United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southwick v. Postmaster General, 27 U.S. 2 Pet. 442 442 (1829)

Southwick v. Postmaster General

27 U.S. (2 Pet.) 442

Syllabus

A district Court of the United states, performing the appropriate duty of a district court, is not sitting as a circuit court because it possesses the powers of a circuit court also.

This suit was commenced originally by the Postmaster General in the District Court of the Northern District of New York in May, 1822, against Solomon Southwick and his co-defendants, who were his sureties, to recover $6,000, the penalty of a bond given by them for the faithful discharge of his duties as postmaster of the City of Albany. In 1824, judgment was rendered in favor of the Postmaster General, and a writ of error was thereupon brought, and the record certified to the Circuit Court of the Southern District of New York. The judges of the circuit court divided in opinion upon several points which arose in the case, and the same were certified to this Court, where they were considered and decided at January term, 1827. The decision of this Court having been certified to the circuit court, the judgment of the district court was affirmed by the circuit, in May term 1828.

Upon this judgment this writ of error was prosecuted, and now Mr. Wirt, the Attorney General of the United States, moved to dismiss the same.

Page 27 U. S. 446