Court card

“ Good and sufficient security must be taken by every justice or judge who signs the citation, that the plaintiff in error shall prosecute his writ to effect and answer all damages and costs if he fail to make his plea good; and in order that the writ of error may operate as a supersedeas and stay execution the writ must be served by a copy thereof being lodged for the adverse party, in the clerk's office where the record remains, within ten days, Sundays exclusive, after the judgment was rendered or the decree was passed. ”

“ In a case where the suit is commenced by a plaintiff in the court of a State of which he is a citizen, against a defendant who is a citizen of another State, the defendant may remove the cause into the Circuit Court of that district for trial. (2) Where the plaintiff brings his suit in the court of a State other than that of which he is a citizen, against a defendant who is a citizen of the State where the suit is brought, the plaintiff may remove the cause into the Circuit Court under the last-named act. ”

“ The 43d rule provides, that where the party against whom a judgment or decree is rendered, fails to file the record and docket the case within the time limited by the rule, the other party may docket the case and file a copy of the record with the clerk, in which case it shall stand for argument at the term; or he may, at his election, have the case docketed and dismissed upon producing a certificate from the clerk stating the cause, and certifying that such a writ of error or appeal had been duly sued out and allowed. ”

“ Granting that, as has been said, the judge during the term is a living record, and may alter and supply from memory any order, judgment, or decree which has been pronounced, -and this, because he is presumed to retain his own action in his recollection,-yet after the term has elapsed the exercise of such a power to the extent of supplying an order upon which jurisdiction depends, in the absence of any entry, minute, or memorandum to proceed by, or of any statutory provision expressly allowing it, ought not to be conceded in criminal cases. ”

“ The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. ”

“ Beyond all doubt, the certificate of the clerk and the seal of the court is a sufficient authentication of the record of a judgment rendered in a State court, when offered in evidence in the Circuit Court sitting within the same State where the judgment was rendered. ”

“ Art. 1230. 'Where the defendant is absent from the state, or is a nonresident of the state, the clerk shall, upon the application of any party to the suit, his agent or attorney, address a notice to the defendant requiring him to appear and answer the plaintiff's petition at the time and place of holding of the court, naming such time and place. ”

“ As it discloses the facts on which it is founded, and requires an answer from the defendant, it is in the nature of a declaration, and the plea is properly to the writ. In the present case the bill of particulars of the plaintiff's claim is filed of record under the statute which gives this remedy, and it is recited in the writ and thereby made part of it, so that any further pleading on his part, to set forth the nature of his demand, would be wholly superfluous. ”

“ Applicants for an appeal must give bond as required under the act 'to amend the judicial system,' and the party claiming a writ of error must also give good and sufficient security to prosecute the writ to effect, and must comply with the regulations contained in the Judiciary Act as to the service of the writ and the required notice to the adverse party. ”

“ But in the case at bar the certificate not only begins with setting out the name and office of the clerk as the maker of the certificate, but has appended to it the seal of the court, and lacks only the clerk's signature to make it conform to the best precedents. ”

“ We reiterate what has so often been said before, that the writ of habeas corpus cannot be used to perform the office of a writ of error or appeal; but when no writ of error or appeal will lie, if a petitioner is imprisoned under a judgment of the circuit court which had no jurisdiction of the person or of the subject-matter, or authority to render the judgment complained of, then relief may be accorded. ”

“ An order affirming a decree in another court is neither in express terms nor by necessary implication a judgment or decree for the amount of the judgment or decree in that court. The costs of the lower court, and the interest on its judgment to the date of the decree or judgment on appeal, are to be added to it, and, though they may be computed by the clerk, they should have the judicial consideration of the court. ”

“ On September 28, 1942, the petitioner was taken into custody and committed to prison. On October 1 his attorney paid the fine in cash to the clerk of the court. Later on that day the court, realizing that the sentence was erroneous, delivered to the clerk an order amending it by omitting any fine and retaining only the six months' imprisonment. The court instructed the clerk, who still held the money, to return it to the petitioner's attorney. ”

“ If defendants sent the check for the purpose of testing the genuineness of the signature of the drawers, the state of their account, and to test its genuineness in all other respects, and plaintiff knowing the full extent of the object for which it was sent, replied 'It is good,' or 'It is all right,' plaintiff is estopped to set up that the check was raised. ”

“ Sect. 6 of the Article purports to confer jurisdiction an the "Tribunal," namely, jurisdiction to "try and to convict or acquit" all persons charged with an offence mentioned in the Appendix to the Article and brought before the "Tribunal" under the Article, and to sentence such of them as the "Tribunal" convicts of such offence. There is an express prohibition of appeal from any order, conviction, sentence or other act of the "Tribunal," and of restraint of or interference with the "Tribunal" by any "Court." ”

“ A person aggrieved may bring suit, in which the Attorney General may be permitted to intervene. Thirty days' written notice before filing any such action must be given to the appropriate authorities of a State or subdivision the law of which prohibits the act complained of and which has established an authority which may grant relief therefrom. ”

“ We have, then, a statute with valid operation. This being established, there can be no question that it conferred upon the police court, by its express terms, jurisdiction of the offense, and that court tried and convicted the petitioner.
But it is insisted that the facts do not support the conviction. ”

“ If the court-martial has jurisdiction of the principal charge and of some or all of the specifications under it, the additon of the second charge, with its specifications, affords no ground for issuing a writ of prohibition. The evidence taken before the court-martial is not produced or relied on by the petitioner. ”