United States Supreme Court Cases & Opinions

U.S. Supreme Court

Clark v. Hackett, 66 U.S. 1 Black 77 77 (1861)

Clark v. Hackett

66 U.S. (1 Black) 77

Syllabus

1. This Court will award a certiorari when diminution of the record is suggested, even at the third term, if the delay be accounted for, but the hearing of the cause will not be postponed on that account.

2. Where a party contested with his own assignee in bankruptcy the right to a fund, and the controversy was decided in favor of the assignee by the circuit court, whose decree was affirmed by this Court, the same question cannot be litigated again.

3. Where the bankrupt, before the distribution of the fund among the creditors, filed a bill impeaching the decree of the circuit court and of the Supreme Court for fraud of the parties, including his own counsel, and entirely failed to establish his allegations, the bill must necessarily be dismissed.

This was an appeal from the Circuit Court of the United States for the District of New Hampshire, brought up, filed and docketed in this Court to December term, 1859. On the 3d of January, 1862, the cause being No. 67 on the docket of the present term, Mr. Black of Pennsylvania, for appellant, suggested diminution of the record, and moved for a certiorari on affidavits, which accounted for the delay.

Page 66 U. S. 78

The appellee, a counselor of this Court, appeared in propria persona and resisted the motion on the ground that it was too late: this was the third term.

The Court awarded the certiorari, but added that if the cause should be reached before a return, the certiorari would not be regarded as a reason for continuance.

The cause was afterwards reached in its regular order, and the argument was directed to proceed.