Carver v. O'Neal
Carver v. O'Neal
Opinion of the Court
delivered the opinion of the Court:
As already intimated, the grounds on which it is sought to sustain the writ are two: 1st. The alleged unconstitutionality of the Act of Congress of February 19, 1895 (28 Stat. 668), whereby the jurisdiction of justices of the peace was sought to be enlarged and regulated; and, 2d. The alleged irregularities that occurred in the proceedings before the justice of the peace.
1. With reference to the first ground, it is conceded by the appellants that, so far as this court is concerned, the question is no longer an open one and is concluded by the decision in the case of The Brightwood Railway Company v. O’Neal, 10 App. D. C. 205. They admit that they raise it only to preserve their rights in the event that the Supreme Court of the United States should be of a different opinion upon the question. In view of our decision in the case cited, we must regard this ground as untenable.
2. The second ground we must regard as equally untenable. So far as the statements contained in the petition of the appellants, respecting the alleged irregularities complained of by them, are in conflict with the statements in the return made by the justice of the peace, the latter, for the purpose of the present hearing, must necessarily be ac
Finding in the record no such irregularities as are alleged by the appellants, we deem it unnecessary to enter into a discussion of the question, whether such irregularities, if they were shown to exist, could properly be inquired into by means of the writ of certiorari. We need not, therefore, consider here the very learned and elaborate opinion of Mr. Justice Cox, in the case of Adriaans v. Johnson, 24 Wash. Law Rep. 581, cited by the appellants, wherein, at the special
Being of the opinion that the order of the court below quashing the writ of certiorari in the case was right, we must affirm that order, with costs. And it is so ordered.
The Chief Justice concurs in the conclusion here reached, while adhering to his opinion in the cases of The Brightwood Railway Company v. O’Neal and Hof v. The Capital Traction Company.
Reference
- Full Case Name
- CARVER v. O'NEAL
- Status
- Published
- Syllabus
- Constitutional Law; Justices of the Peace; Pleading and» Practice; Bill of Particulars; Joinder of Issue; Certiorari. 1. The act of Congress of February 19, 1895 (28 Stat. 668), enlarging-the jurisdiction of justices of the peace in this District, is constitutional ; following Railway Co. v. O’Neal, 10 App. D. O. 205. 2. The statements contained in the return made to a writ of certiorari must, on an appeal from an order quashing the writ, be taken to be true, when in conflict with the statements of the petition for the writ. 3. Whore a complaint before a justice of the peace sufficiently informe the defendants what the cause of action is, and it does not appear that a refusal of the justice to require of the plaintiff a bill of particulars in any manner injured or hindered the defendants, such refusal will not be held to be error. 4. A failure to join issue is cured by verdict and judgment. 5. *Quaere, whether irregularities in a trial before a justice of the peace, such as a failure by the justice to require a bill of particulars, or by one of the parties to file a joinder of issue, can he inquired into by certiorari.