Devlin v. Gibbs

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

Devlin v. Gibbs

7 F. Cas. 564, 4 D.C. 626, 4 Cranch 626

CourtU.S. Circuit Court for the District of District of Columbia

DecidedNovember 15, 1835

StatusPublished

This text of 7 F. Cas. 564 (Devlin v. Gibbs) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devlin v. Gibbs, 7 F. Cas. 564, 4 D.C. 626, 4 Cranch 626 (circtddc 1835).

Pincite

Opinion

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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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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Bluebook (online)

7 F. Cas. 564, 4 D.C. 626, 4 Cranch 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devlin-v-gibbs-circtddc-1835.