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Mountz and Others v. Hodgson and Thompson
Citations: 8 U.S. 324; 2 L. Ed. 635; 4 Cranch 324; 1807 U.S. LEXIS 389
Court: Supreme Court of the United States; March 18, 1808; Federal Supreme Court; Federal Appellate Court
A writ of error was filed regarding a judgment from the circuit court of the District of Columbia, where Hodgson and Thompson had previously won a case against Jacob Mountz and George Reintzel. Under Maryland law, a judgment can be stayed if the judgment debtor confesses judgment before two justices of the peace within two months of the original ruling. Jacob Mountz, with his sureties, confessed judgment in the required format, but it was argued that one of the justices, Daniel Reintzel, was not qualified as a justice of the peace for the county, as he was only a justice for Georgetown. Furthermore, it was contended that George Reintzel, the co-defendant, should have also joined in the confession for it to be valid. The lower court rejected both objections and upheld the execution. The defendants then appealed, asserting that the confession was invalid due to the lack of proper jurisdiction and the absence of all original defendants' participation. In a scenario involving five solvent defendants and one insolvent defendant who has secured a judgment with two sureties, the plaintiff cannot execute against the solvent defendants until six months have passed. If execution is stayed for one defendant, it is stayed for all. Execution on a joint judgment must target all defendants, adhering to the nature of the judgment. The debtor's ex parte proceeding allows them to choose the magistrates for confessing judgment, which estops them from contesting the jurisdiction after benefitting from the delay. The court cannot correct factual errors regarding the jurisdiction of justices, such as whether Daniel Reintzel is a justice of peace, despite his signing as mayor. The confession of judgment merely delays service of execution, not its issuance. The act specifies it as a sufficient supersedeas to prevent serving execution on the debtor who confessed judgment with sureties. The confession, once recorded, transforms into a judgment of the circuit court, allowing for revival via scire facias. The act of assembly states that the second judgment confession serves as a complete supersedeas to the first, prohibiting any execution on the first judgment after the second is confessed. The court majority decides to quash the writ of error due to lack of jurisdiction, with differing opinions on whether the refusal to quash execution by the lower court constitutes a judgment subject to a writ of error. The writ of error is ultimately quashed.