Lapas attēli

Lesh v. Lesh, 21 D. C. App., 475;

D. C. App., 356;

O'Brien, 22 D. C.

R. R. Co., 28 D.

Sec. 225. TERMS AND RULES.-The said court of appeals shall establish by rule of court such terms of the court in each year as to it may seem necessary: Provided, however, That there shall be at least three terms in each year; and it shall make such rules and regulations as may be necessary and proper for the transaction of its business and the taking of appeals to said court. And said court of appeals shall have the power to prescribe what part or parts of the proceedings in the court below shall constitute the record on appeal, except as herein otherwise provided, and the forms of bills of exceptions, and to require that the original papers be sent to it instead of copies thereof, and generally to regulate all matters relating to appeals, whether in the court below or in said court of appeals. If any member of the court shall be absent on account of illness or other cause during the session thereof, or shall be disqualified from hearing and determining any particular cause by having been of counsel therein, or by having as justice of the supreme court of the District of Columbia previously passed upon the merits thereof, or if for any reason whatever it shall be impracticable to obtain a full court of three justices, the member or members of the court who shall be present shall designate a justice or justices of the supreme court of the District of Columbia to temporarily fill the vacancy or vacancies so created, and the justice or justices so designated shall sit in said court of appeals and perform the duties of a member thereof while such vacancy or vacancies shall exist: Provided, That no justice of the supreme court of the District of Columbia shall, while on the bench of said court of appeals, sit in review of any judgment, decree, or order which he shall have himself entered or made: Provided also, That if the parties to any cause shall so stipulate in writing, by their attorneys and solicitors, such cause may be heard and determined by two justices of the court without calling in any of the justices of the supreme court of the District of Columbia: And provided also, That all motions to dismiss appeals and other motions may be heard by two justices in the event of the absence or disqualification of any one of the justices as aforesaid: And provided further, That if in any cause heard before two justices as aforesaid the court shall be divided in its opinion, then the judgment or decree of the lower court shall stand affirmed.

Sec. 226. JURISDICTION.-Any party aggrieved by any Groff v. Miller, 20 final order, judgment, or decree of the supreme court of Chappell the District of Columbia, or of any justice thereof, ["JinApp., 193; Wins- cluding any final order or judgment in any case heard on low v. B. & O. appeal from a justice of the peace, ["] may appeal thereC. App., 128, 142; from to the said court of appeals; and upon such appeal U.S., 59, 30 D. C. the court of appeals shall review such order, judgment, or App., 365; 22 D. decree, and affirm, reverse, or modify the same as shall C. App., 154; 33 be just, except as provided in the following sections. 5 D. C. App., 20; Appeals shall also be allowed to said court of appeals from

28 Stat., 94; 208

C. App., 1; 21 D.

D. C. App., 517;

353; 24 D. C.

D. C. App., 210;

all interlocutory orders of the supreme court of the Dis- 20 D. C. APP., trict of Columbia, or by any justice thereof, whereby the App., 10, 146; 20 possession of property is changed or affected, such as 26 D. C. App., orders for the appointment of receivers, granting injunc- 228; 16 D. C. tions, dissolving writs of attachment, and the like; and App., 189; 3 D. C. also from any other interlocutory order, in the discretion App., 492; U. S. of the said court of appeals, whenever it is made to appear, Cadaar, 32 L. to said court upon petition that it will be in the interest Barnard, 24 D. C. of justice to allow such appeal.

App., 186; 1 D. C.

App., 203; 9 D. C.

R., 486; Ú. S. v.

App., 8; 197 U.S.: 475; 189 U. S., 84; Key v. Roberts, 20 D. C. App., 391; Winslow v. R. R., 28 D. C. App., 126: Gompers v. Buck Stove Co., 33 D. C. App., 562; 38 L. R., 154; order refusing to quash an attachment; appeal dismissed; 39 L. R., 57; 10 Wall., 308.

C., 27 D. C. App.,

C. App., 489; 19

12 D. C. App.,

Sec. 227. APPEALS FROM POLICE COURT.-If, upon the Heylman v. D. trial of any cause in the police court, an exception be 563; 21 D. C. taken by or on behalf of the United States, the District of APP, 267; 20 D. Columbia, or any defendant to any ruling or instruction D. C. App., 219; of the court upon matter of law, the same shall be reduced 537; 3 D. C. App., to writing and stated in a bill of exceptions, with so much 165. of the evidence as may be material to the question or questions raised, which said bill of exceptions shall be settled and signed by the judge within such time as may be prescribed by rules and regulations which shall be made by the court of appeals of the District of Columbia for the transaction of business to be brought before it under this section, and for the time and method of the entry of appeals and for giving notice of writs of error thereto from the police court of the District of Columbia; and if, upon presentation to any justice of the court of appeals of the District of Columbia of a petition which, in the case of a defendant, shall be verified, setting forth the matter or matters so excepted to, such justice shall be of opinion that the same ought to be reviewed, he may allow a writ of error in the cause, which shall issue out of the said court of appeals, addressed to the judge of the police court, who shall forthwith send up the information filed in the cause and a transcript of the record therein, certified under the seal of said court, to said court of appeals for review and such action as the law may require, which record shall be filed in said court of appeals within such time as may be prescribed by the court of appeals, as herein before provided. Any party desiring the benefit of the provisions of this section shall give notice in open court of his or its intention to apply for a writ of error upon such exceptions and thereupon proceedings therein shall be stayed for ten days: Provided, That the defendant seeking an appeal shall then and there enter into recognizance, with sufficient surety to be approved by the judge of the police court, conditioned that in the event of a denial of his application for a writ of error he will, within five days next after the expiration of said ten days appear in said police court and abide by and perform its judgment, and that in the event of the granting of such writ of error he will appear in said court of appeals of the District of Columbia and prosecute the writ of error and abide by and perform its judgment in the premises. Upon failure of any de

Hine v. Pungs, 9 D. C. App., 492;

fendant to enter into the recognizance provided for in this section the sentence of the police court shall stand and be executed; otherwise execution shall be stayed pending proceedings upon his application for a writ of error and until final disposition thereof by the said court of appeals. Sec. 228. APPEALS FROM COMMISSIONER OF PATENTS. 5 D. C. App., 20. The determination of appeals from the decisions of the Commissioner of Patents shall remain vested in said court of appeals, as provided by the Act approved February ninth, eighteen hundred and ninety-three, chapter seventy-four, entitled "An Act to establish a court of appeals for the District of Columbia, and for other purposes," and any party aggrieved by a decision of the Commissioner of Patents in any interference case may appeal therefrom to said court of appeals.

D. C., shall annu

Sec. 229. OPINIONS.-The opinion of the said court of appeals in every case shall be rendered in writing, and shall be filed in such case as a part of the record thereof, and the said court of appeals is authorized to appoint a reporter, who shall serve during the pleasure of the court and with a salary of one thousand dollars per annum, and whose duty shall be to report, edit, and publish, in form to be prescribed by the court, its opinions.

And the said reporter shall furnish and deliver one copy of each volume of the reports of said opinions which shall have been published at the date of the passage of this code to each of the justices of the said court of appeals, the supreme court, and the judges of the police court of said District, immediately after the passage hereof, and shall thereafter furnish and deliver one copy of each volume of the reports of said opinions that shall thereafter be published immediately after the issue thereof to each of said justices and judges, and the copies so received by each of them shall, in case of his death, resignation, or removal from office, be delivered to his successor.

(Repealed-32 Stat., 609.)

Commissioners, [And there is hereby appropriated, out of any moneys in the Treasally estimate the ury not otherwise appropriated, such sums as may be necessary to pay amount required the said reporter therefor at the rate of not exceeding five dollars per to pay for the re- volume; and such appropriations shall be deemed permanent and ports of the opin- annual appropriations, and one-half thereof shall be paid out of the of appeals (32 revenues of the District of Columbia.]

lons of the court

Stat., 609).

In re Macfar

land, 30 D. C.

Sec. 230. WRITS.-The said court of appeals shall have App., 365, 390; 19 power to issue all necessary and proper remedial prerogaD. C. App., 210; tive writs in aid of its appellate jurisdiction.

21 D. C. App.,

440; 16 D. C. App., 364; 22 D. C. App., 56; 14 D. C. App., 368; 29 D. C. App., 431.

Sec. 231. MARSHAL TO EXECUTE ORDERS.—The marshal of the United States for the District of Columbia shall execute the orders and processes of the court of appeals in the same manner as he executes those of the supreme court of the District.

Sec. 232. HALF OF SALARIES PAID BY DISTRICT OF COLUMBIA.-One-half of the amounts paid on account of salaries of the justices of the court of appeals shall be paid from the revenues of the District of Columbia.


L. R., 278; 189

clair v. D. C., 192

462; Met. R. R.

195 U. S., 322;

205 U. S., 292; 211

Sec. 233. Any final judgment or decree of the court of In re Key, 31 appeals may be reexamined and affirmed, reversed, or U. S., 84; Sinmodified by the Supreme Court of the United States, upon u. s., 17; 164 U. writ of error or appeal, in all cases in which the matter in S., 436; 203 U. S., dispute, exclusive of costs, shall exceed the sum of five Co. v. Macfarland, thousand dollars, in the same manner and under the same Fields v. U. S., regulations as existed in cases of writs of error on judg- .., 627, 177 U. ments or appeals from decrees rendered in the supreme s., 214; 194 U. S., court of the District of Columbia on February ninth, 239; 176 U. S., eighteen hundred and ninety-three, and also in cases, 45; 164 U. S., 452; without regard to the sum or value of the matter in dispute, wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States.

Sec. 234. In any case heretofore made final in the court of appeals it shall be competent for the Supreme Court of the United States to require, by certiorari or otherwise, any such case to be certified to said Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to said Supreme Court.

374; 187, U. S.,

Ib., sec. 233.

See Judicial act,

p. 463.

Sec. 783.

Sec. 105; Welch v. Lynch, 30 D. C.

App., 137; 8 D. C.

C. App., 17; Md.

sec. 1.



Sec. 235. RIGHT OF ACTION TO SURVIVE.-On the death of any person in whose favor or against whom a right of action may have accrued for any cause except an injury to the person or to the reputation, said right of action shall survive in favor of or against the legal representatives of the deceased; but no right of action for an injury to the person, except as provided in chapter forty-five of this code, or to the reputation, shall so survive.

Sec. 236. DEATH, EFFECT OF.-No action at common law shall abate by the death of either or any of the parties App., 137-10 D: thereto if the right of action would survive as aforesaid; Act 1785, ch. 80, but upon the death of any defendant the action shall continue pending, and the heir, devisee, executor, administrator, or other person interested in the place of the deceased defendant, as the case may require, may appear to such action. And in case the proper person to defend such action shall not appear to the same during the term of the court in which such death may be suggested, the plaintiff may cause a summons to be issued, directed to the proper person to defend such action, to be served on such person, if found in the District of Columbia and legally suable therein, requiring him to appear thereto on or before the twentieth day, exclusive of Sundays and legal holidays, occurring after the service thereof, and show cause why such action should not be prosecuted to judgment; and if it shall appear to the court that such summons has been duly served, and the person so summoned shall not appear as thereby required, then the court may cause the appearance of such person to be entered, and there shall be the same proceedings in said action as if said person had voluntarily appeared; and all the proceedings had before the death of the defendant shall be considered as proceedings in the action, and such further proceedings shall be had to bring the cause fairly to trial as the court may deem proper. If the proper representative of a deceased defendant be not made a party to the action within one year from the death of said defendant, the action shall abate as to such defendant: Provided, however, That where the representative of the deceased is an executor or administrator the plaintiff shall have six months after the issuance of letters testamentary or of administration within which to make such representative a party: And provided further, That in case the summons above provided for shall be returned "Not to be

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