Sarghet v. United States

ON appeal from the circuit court of the United States from the circuit court for the southern circuit of New York.

Mr. Butler, the attorney general, moved to dismiss the appeal on two grounds.

1. That this was originally a proceeding at law, on a bond for duties, in the district court of New York for the southern district; and was, after a judgment of that court for the United States, taken by a writ of error to the circuit court for the southern circuit, by the defendant: where the judgment of the district court was affirmed. The judgment of the circuit court is final in such a case.

2. This is a proceeding at law; and the defendant has brought the case from the circuit court by an appeal, and not by a writ of error.

Mr. Butler cited the United States v. Goodwin, 7 Cranch, 108; 7 Cranch, 287; 3 Wheat. 248, &c.

Mr. Sarchet opposed the motion, in person; cited, 3 Dall. 171; 2 Wheat. 259.

Mr. Chief Justice TANEY delivered the opinion of the Court.