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Ex Parte Davenport

Citations: 31 U.S. 661; 8 L. Ed. 537; 6 Pet. 661; 1832 U.S. LEXIS 495

Court: Supreme Court of the United States; March 15, 1832; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

In this case, a motion for a writ of mandamus was sought against the district judge of the Southern District of New York. The motion aimed to restore a plea for tender filed by John A. Davenport in a lawsuit initiated by the United States regarding a bond for duties on imported merchandise. Davenport had filed two pleas: 'non est factum' and a tender plea, the latter asserting readiness to pay the due amount, which the plaintiffs allegedly refused. The bond penalty was increased by the collector without Davenport's consent due to a classification dispute. The district attorney moved to strike the tender plea, arguing that federal law only permitted 'non est factum.' The district judge concurred, striking the plea. Justice Story, delivering the Court's opinion, noted that plea allowance is discretionary and that mandamus cannot compel discretionary judicial actions. The 1799 duty collection act allows only certain defenses, primarily focusing on calculation errors, to ensure timely duty payments. The Court emphasized the importance of interpreting statutes to preserve jury trial rights. Ultimately, due to procedural inconsistencies, the Court denied the mandamus motion, expressing hope for appropriate relief at the district level.

Legal Issues Addressed

Discretionary Nature of Plea Allowance

Application: The court's decision to allow or disallow multiple pleas is discretionary, and a mandamus cannot compel the exercise of this discretion.

Reasoning: The allowance of double pleas and defenses is not an absolute right but a discretionary matter for the court, which can disallow incompatible or frivolous pleas.

Federal Law and Common Law Defenses under the 1799 Duty Collection Act

Application: The defendant's plea was struck because the 1799 act limits defenses to calculation errors, restricting common law defenses.

Reasoning: The district court's opinion suggest it was removed due to the defendant's lack of right to all common law defenses under the 1799 duty collection act.

Interpreting Statutes to Preserve Jury Trials

Application: Statutory interpretation should not assume the deprivation of jury trial rights unless explicitly stated.

Reasoning: It emphasizes that depriving a citizen of a jury trial should not be assumed from vague statutory language.

Mandamus and Judicial Discretion

Application: Mandamus cannot be issued to alter judicial discretion unless there is a clear legal duty or right violated.

Reasoning: However, it cannot intervene by mandamus unless a proper objection is recorded.