Wabash Railroad v. Pearce
Supreme Court of the United States
ERROR TO THE ST. LOUIS COURT OP APPEALS OP THE STATE OP MISSOURI. On June 25, 1895, Charles E. Pearce, the testator of the defendants in error, commenced his action in replevin in the Circuit Court of the city of St. Louis, Missouri, to recover from the railroad company four boxes of curios. After answer a trial was had before the court without a jury, resulting in a judgment for the plaintiff, which, on May 7,1901, was affirmed by the St. Louis Court of Appeals. 89 Mo.
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ERROR TO THE ST. LOUIS COURT OP APPEALS OP THE STATE OP MISSOURI. On June 25, 1895, Charles E. Pearce, the testator of the defendants in error, commenced his action in replevin in the Circuit Court of the city of St. Louis, Missouri, to recover from the railroad company four boxes of curios. After answer a trial was had before the court without a jury, resulting in a judgment for the plaintiff, which, on May 7,1901, was affirmed by the St. Louis Court of Appeals. 89 Mo. App. 437. An application to transfer the case to the Supreme Court of the State on the ground that it involved the validity…
1Opinion of the CourtJustice Brewer
Two questions are presented — one of jurisdiction and the other on the merits.
With regard to the first, the decision of the Supreme Court of the State is not controlling. It is not the province of a state court to determine our jurisdiction; and further, the Missouri statute, providing for a review of certain cases by the.Supreme Court, is not identical with but more limited than section 709, Rev. Stat., which prescribes our jurisdiction over final judgments of state courts.
It is contended that the only question determined by the state' court was the applicability of the equitable doctrine of…
2Cases cited4 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
- Furman v. NicholSupreme Court of the United States · 1869
- Dooley v. SmithSupreme Court of the United States · 1872
3Cited by22 opinions
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Granger v. DavisCourt of Appeals for the Sixth Circuit · 1924
- BML Stage Lighting, Inc. v. Mayflower Transit, Inc., Texas Court of Appeals, 14th District (Houston)2000
- Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
- V. L. Johnson, D/B/A v. L. Johnson Lumber Co. v. Chicago, Milwaukee, St. Paul & Pacific Railroad Co.Court of Appeals for the Ninth Circuit · 1968
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