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39 App. D.C. 596

Hopper v. Supplee Hardware Co.

U.S. Court of Appeals for the D.C. Circuit

Decided October 10, 1912

U.S. Court of Appeals for the D.C. Circuit · decided 1912-10-10

Hearing on a motion to dismiss an appeal from an order ■of the Supreme Court of the District of Columbia, refusing to vacate a judgment of the Municipal Court docketed under •sec. 29 of the Code. The facts are stated in the opinion.

Cited by 1 later decisions — most recently May 1932

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1912-10-10

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Mr. Chief Justice Shepard

¶1delivered the opinion of the-Court:

¶2The appellee, the Supplee Hardware Company, moves to dismiss the appeal. It appears that on February 1, 1912, in a proceeding in the municipal court of the District of Columbia, .a judgment of condemnation was rendered against Alice M. 'Hopper, as garnishee, in favor of the Supplee Hardware Company. Execution issued thereon was returned unsatisfied February 20, 1912.

¶3Sec. 29 of the Code of the District of Columbia provides that after recovering a judgment for $20, or more, before a *597justice of the peace (now the municipal court), the judgment creditor may, when execution is returned “no personal property found whereon to levy,” file in the clerk’s office of the supreme court of the District a certified copy of said judgment, which shall be docketed in the docket of law causes in said office in the same manner as appeals from justices are there docketed; and when it is there docketed, the force and effect of the judgment for all purposes shall be the same as if it had been a judgment of said supreme court.

¶4This judgment was docketed in said office February 21,, 1912, and execution at once issued thereon. March 20, 1912, appellant filed a motion in the supreme court of the District to vacate the judgment. This motion was denied April 12,. 1912, and from that order this appeal was prosecuted.

¶5This is not a judgment of the supreme court of the District of Columbia from which an appeal lies to this court. It was a judgment of the municipal court in a case of which it had jurisdiction, and could have been appealed therefrom to the supreme court of the District within six days, as provided in sec. 29 of the Code. This time having expired before the judgment was docketed in the office of the clerk of the supreme-court of the District, the judgment became final.

¶6The supreme court of the District had no power, on motion,, to vacate the judgment of the municipal court; consequently,, no appeal from its refusal to grant the motion can be entertained by this court.

¶7The appeal is dismissed, with costs.

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