20 D.C. 567 | D.C. | 1892
delivered the opinion of the court:
The declaration in each of these cases shows the action to be on the common counts.
The particulars of demand attached to each of the declarations are verified under the 73d rule. Proceedings were commenced in each of the cases for the issuing of a writ of attachment, affidavits by the plaintiffs or their agents, with supporting affidavits in each instance having been filed. The defendant in each of the cases filed a motion to quash the proceedings in attachment upon the ground of the insufficiency of the affidavits.
The question involved here is not a new one. It was decided by this court more than twelve years ago in the case
The arguments addressed to us in support of this motion are arguments arraigning the decision of this court in Newman vs. Hexter.
If this were an original question, and if the practice of the court had not been regarded as settled, as we understand it has been since the decision in Newman vs. Hexter, we should have regarded the argument of counsel for the plaintiffs as entitled to serious consideration; but we regard it as our duty under the circumstances, the question having been decided - and maintained for more than twelve years as the law of this
We may add that in a case decided in March, 1891, by the General Term, Hoover et al. vs. Hathaway, Soule & Harrington (reported post p. 591) the ruling of the court in Newman vs. Hexter was foll owed. The General Term has consistently followed this ruling since 1879.
It seems to me that the principle has been so long absolutely settled by Newman vs. Hexter, that the construction of the statute by the court on that occasion has become the equivalent of a legislative declaration, and that it can not be changed unless it be an act of Congress.