Winn Jackson
| Court | United States Supreme Court |
| Citation | 25 U.S. 135,6 L.Ed. 577,12 Wheat. 135 |
| Parties | WINN'S Heirs against JACKSON and Others |
| Decision Date | 01 February 1827 |
ERROR to the Court of Appeals of Kentucky.
This was an ejectment, originally brought in the Harrison Circuit Court of the State of Kentucky, by the plaintiffs in error, against the defendants in error, and judgment being rendered for the plaintiffs, the cause was carried, by writ of error, to the Court of Appeals, being the highest Court of law and equity of that State. The judgment was reversed in the Court of Appeals, and the cause remanded to the Harrison Circuit Court, for further proceedings, not inconsistent with the decision of the Court of Appeals. Whereupon the plaintiffs sued out their writ of error under the 25th section of the Judiciary Act of 1789, c. 20. and brought the cause before this Court, as being a suit where was drawn in question the validity of a statute of the State of Kentucky, on the ground of its being repugnant to the constitution of the United States, and the decision being in favour of its validity.
Mr. Wickliffe moved to quash the writ of error, upon the ground, that although the decision of the Court of Appeals was in favour of the validity of the statute which had been drawn in question as being repugnant to the constitution of the United States, the judgment of that Court was not 'a final judgment' within the true meaning of the 25th section
Page 136
of the Judiciary Act of 1789, ch. 20. the case having been remanded to the Circuit Court of Harrison for further proceedings.a
Motion allowed.
a He cited Gibbons v. Ogden, 6 Wheat. Rep. 448.
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Irvine v. Bankard
...always so run unless the appeal was perfected on the day the judgment was entered. The Supreme Court did not in Montgomery v. Hernandez, 12 Wheat. 135, 6 L.Ed. 575, stop to inquire whether the appeal was perfected the day the decree was handed down or not. Doubtless the court thought it mat......
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Bishop v. State ex rel. Griner
...office, and such officer is said to be the deputy of the postmaster general. Boody v. U. S., 3 Fed. Cas. 860;Postmaster General v. Early, 12 Wheat. 135;U. S. v. Le Baron, 19 How. 73;Ware v. U. S., 4 Wall. 617, 625;Postmaster General v. Furber, 4 Mason, 333, 19 Fed. Cas. 1098. Many other cas......
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...23 N. Y. 343; 20 N. Y. 522.) In cases like the one now before the court, the United States Supreme Court hold that no appeal will lie. (12 Wheat. 135; 4 How. 465; 5 How. 51.) The Circuit Court, in general term, in its discretion, may grant a new trial on questions of fact, just as the speci......
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Thomas Brown, Plaintiff In Error v. the Union Bank of Florida, Defendant In Error
...the judgment was not final, cited 3 Story's Laws, 2224; 8 Laws United States, 707; Bingh. on Judgments, 3; 4 Dallas, 22; 3 Wheat. 433; 12 Wheat. 135; 3 Dallas, 48; 4 Wheat. 73; 6 Wheat. 448. Mr. Brockenborough, in opposition to the motion, contended that the writ of error was sued out in op......
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Irvine v. Bankard
...always so run unless the appeal was perfected on the day the judgment was entered. The Supreme Court did not in Montgomery v. Hernandez, 12 Wheat. 135, 6 L.Ed. 575, stop to inquire whether the appeal was perfected the day the decree was handed down or not. Doubtless the court thought it mat......
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Bishop v. State ex rel. Griner
...office, and such officer is said to be the deputy of the postmaster general. Boody v. U. S., 3 Fed. Cas. 860;Postmaster General v. Early, 12 Wheat. 135;U. S. v. Le Baron, 19 How. 73;Ware v. U. S., 4 Wall. 617, 625;Postmaster General v. Furber, 4 Mason, 333, 19 Fed. Cas. 1098. Many other cas......
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Tilford v. Ramsey
...23 N. Y. 343; 20 N. Y. 522.) In cases like the one now before the court, the United States Supreme Court hold that no appeal will lie. (12 Wheat. 135; 4 How. 465; 5 How. 51.) The Circuit Court, in general term, in its discretion, may grant a new trial on questions of fact, just as the speci......
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Thomas Brown, Plaintiff In Error v. the Union Bank of Florida, Defendant In Error
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