POINDEXTER V. GREENHOW

• Decision Date: 01 January 1883
• Citation: POINDEXTER V. GREENHOW, 109 U. S. 63 (1883)
• Court: U.S. Supreme Court

Poindexter v. Greenhow

Motion to advance made October 9, 1883

Denied October 15, 1883

109 U.S. 63

N ERROR TO THE HUSTINGS COURT

OF THE CITY OF RICHMOND, VIRGINIA

Syllabus

A case will not be taken up out of its order simply because it is of great public importance.

Motion to advance a suit against a tax collector.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

These motions are denied. Rule 32 applies only to writs of error and appeals brought to this Court under the provisions of section five of the Act of March 3, 1875 -- that is to say, to writs of error and appeals from orders of the circuit courts remanding causes which have been removed from a state court, and from orders dismissing suits because they do not really and substantially involve disputes or controversies properly within the jurisdiction of the circuit courts, or because the parties to the suits have been improperly made or joined for the purpose of creating a case cognizable under that act. These are not such cases. That of Poindexter is a writ of error to a state court. In those of White and Carter, begun in the circuit court, the declarations were demurred to because not sufficient in law, and the judgments were in favor of the defendants on the demurrers. The cases as made by the declarations were disposed of on the merits, and the writs of error are for the review of such judgments.

Neither are the parties entitled to a hearing in preference to others under the provisions of section 949 of the Revised Statutes. The State of Virginia is not a party to either of the suits, and the execution of the revenue laws has not been en joined or stayed. A tax collector has been sued for alleged wrongs done the several plaintiffs while he was...