Richards v. Mackall (113 U.S. 539)

W. Willoughby, for motion.

W. B. Webb and Enoch Totten, in opposition.

WAITE, J.

The supreme court of the District of Columbia consists of one chief justice and five associate justices. Rev. St. D. C. § 750; 20 St. 320, c. 99, § 1. The law provides for both special and general terms of the court, and for an appeal from the special to the general term; but the judgments and decrees, when rendered, are, whether they be at general or special term, the judgments and decrees of the supreme court. Rev. St. D. C. §§ 753, 772. A general term is held by three justices, two, however, constituting a quorum, and a special term by one. Rev. St. D. C. §§ 754, 757; 20 St. 320, c. 99, § 2. By section 705 of the Revised Statutes of the United States, as amended February 25, 1879, (20 St. 320, c. 99, § 4,) the final judgments and decrees of the supreme court of the District of Columbia, in cases where the value of the matter in dispute exceeds $2,500, may be brought to this court for review 'upon writ of error or appeal, in the same manner and under the same regulations as are provided by law in cases of writs of error on judgments, or appeals from decrees rendered in a circuit court.' This is an appeal from a decree of the supreme court of the district at a general term held by Chief Justice CARTTER and Associate Justices HAGNER and COX, which began on the first Monday in April, 1884, and ended July 5, 1884. The transcript contains the following: