Wetmore v. Rymer
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES .FOR THE EASTERN DISTRICT- OF TENNESSEE. ■ This was an action of ejectment, brought in the Circuit Court of the United States for the Eastern District of Tennessee, to recover a tract of land in Polk County. • The declara- • tion alleged that the land was worth more than two thousand dollars. The defendants disclaimed as to a portion of the land, and pleaded .not guilty and the statute of limitations as to the remainder.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES .FOR THE EASTERN DISTRICT- OF TENNESSEE. ■ This was an action of ejectment, brought in the Circuit Court of the United States for the Eastern District of Tennessee, to recover a tract of land in Polk County. • The declara- • tion alleged that the land was worth more than two thousand dollars. The defendants disclaimed as to a portion of the land, and pleaded .not guilty and the statute of limitations as to the remainder. At the trial, after the plaintiffs’ evidence was closed, the defendants moved the court to dismiss the plaintiffs’ suit for…
1Opinion of the CourtJustice Shiras
The first question that arises upon this record is whether the action of the Circuit Court in dismissing the plaintiffs’ action for the want of jurisdiction is reviewable by us. The court acted in pursuance of the fifth section of the act of March 8, 1875, c. 137,18 Stat. 470, 472, which provided, “that if, in any suit commenced in a Circuit Court or removed from a state court to a Circuit Court of the United States, it shall appear to the. satisfaction of said Circuit Court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially…
2Cases cited11 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
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- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
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- Shields v. ColemanSupreme Court of the United States · 1895
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