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Law School Case Brief

Stuart v. Laird - 5 U.S. (1 Cranch) 299 (1803)

Rule:

A cause may, by act of congress, be transferred from one inferior tribunal to another.

Facts:

Defendants sought the reversal of a judgment rendered by the lower court on the ground that the lower court had exceeded its power by proceeding upon a bond ordered by a prior court. The bond was given for the delivery of property levied on by way of an execution issuing out of, and returnable to, the prior court. The Supreme Court rejected defendants' assignments of error and affirmed the judgment of the lower court.

Issue:

Could a lower court proceed upon a bond ordered by a prior court?

Answer:

Yes.

Conclusion:

Since plaintiff's suit was merely removed from the prior court to the lower court, the lower court had been fully authorized to proceed upon the bond resulting from the prior proceedings.

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