U.S. Circuit Court for the District of District of Columbia, 1835

Devlin v. Gibbs

Devlin v. Gibbs
U.S. Circuit Court for the District of District of Columbia · Decided November 15, 1835 · Morsell
4 D.C. 626; 7 F. Cas. 564; 4 Cranch 626
Devlin v. Gibbs

Opinion of the Court

The CouRT

(Morsell, J., dissenting,)

were of opinion that the execution was not irregular, but erroneous ; not void, but voidable ; and that, therefore, the defendants were not liable in this action.

In the course of the trial the Court permitted the plaintiff to produce parol evidence to show that, in fact, no judgment had ever been rendered by the magistrate.

But the jury found a verdict for the defendants.

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