N. J. A. MARRSCHALK, Captain of the Brig “Hollandsch Acra,” of the Netherlands, Plaintiff in Error, vs. REPUBLIC OF LIBERIA, Defendant in Error.

[January Term, A. D. 1865]

Appeal from the Court of Quarter Sessions and Common Pleas, Montserrado County

Appeal Record

This court decides that the record of the court below is incomplete, one or more essential documents being absent. The Compiled Statutes, page 61, sec. 5, require that the entire record shall be forwarded to the Court of Appeal. In consequence of this omission this court rules that the case cannot be considered, and is therefore dismissed at the expense of the State.

The court, however, notices that the omission is on the part of the State, through the clerk of the court below, and not on the part of the said N. J. A. Marrschalk, plaintiff in error. The fact suggests to this court that the said N. J. A. Marrschalk, appellant, is deprived of an opportunity further to pursue the remedy sought for. This being the culminating point, in order, therefore, to render speedy and complete justice in this case, it appears necessary that this court notice the matter on equity principle, for we conceive it to be unjust to put the appellant to further inconvenience after having obtained a writ in error, as well as the employment of the measures in order to obtain a further hearing of his cause. The omission of the State through the court below ought not to operate to the detriment of the appellant.

The equity which it is the opinion of this court should operate and apply in this case, notwithstanding it is dismissed, is that the said N. J. A. Marrschalk, appellant, ought in justice to be discharged from any further penalties or liabilities whatever. Therefore, this court decrees that the judgment of the court below be reversed.

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