Hart v. Burnett
California Supreme Court
The judgment of this Court, which was sought by this proceeding to be carried before the Supreme Court of the United States for review, will be found with the decision in the report of the case, (15 Cal. 530). The plaintiff procured the issuance of a writ of error by the Clerk of the United States Circuit Court for the District of California, directed to the Justices of this Court; and upon its presentation, applied to the Chief Justice for a citation to the defendants in…
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The judgment of this Court, which was sought by this proceeding to be carried before the Supreme Court of the United States for review, will be found with the decision in the report of the case, (15 Cal. 530). The plaintiff procured the issuance of a writ of error by the Clerk of the United States Circuit Court for the District of California, directed to the Justices of this Court; and upon its presentation, applied to the Chief Justice for a citation to the defendants in error, upon which the following opinion was delivered:
1Opinion of the CourtField, C. J.
In this case, the plaintiff presents a writ of error, directed to the Justices of the Supreme Court of this State, issued by the Clerk of the Circuit Court of the United States for the District of California, and applies for a citation to the defendants in error. The twenty-fifth section of the Judiciary Act of 1789 declares : “ That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be bad, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the…
2Cases cited4 opinions
- Buel v. Van NessSupreme Court of the United States · 1823
- Houston v. MooreSupreme Court of the United States · 1818
- Ferris v. CooverCalifornia Supreme Court · 1858
- Brown v. Union Bank of FloridaSupreme Court of the United States · 1846
3Cited by1 opinion
- Greely v. TownsendCalifornia Supreme Court · 1864