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8 D.C. 507

Noerr v. Brewer

District of Columbia Court of Appeals · decided 1874-04-15

The act of March 3,18G5, providing “that in actions hy or against executors, &c:, neither party shall he allowed to testify against the other, as to any transactions with, or statements hy, the testator,” &c., applies to actions in the supreme court of the District of Columbia. The principle is again announced, that this is a court of the United States. STATEMENT OE THE CASE.

Decided 1874-04-15

¶1By the Court :

¶2The act of Congress approved July 2, 1861, applies in terms only to courts in the District of Columbia, and the act of March 3, 1865; extends to the courts of the United States, without express reference to this District; but we have had occasion at least twice to declare that this is a court of the United States, and in this determination we have been sustained by the Supreme Court of the United States. We again announce it emphatically, and that a general law relating to such courts in language like the one in question, necessarily applies here.

¶3Judgment affirmed.

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