Legal Opinion

Coffey v. County of Harlan

Supreme Court of the United States

Decided February 25, 1907No. 177PublishedCited by 18 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF NEBRASKA. The facts are stated in the opinion. An unconstitutional statute affords- protection to no one who has acted under it.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF NEBRASKA. The facts are stated in the opinion. An unconstitutional statute affords- protection to no one who has acted under it. And the judgment rendered in accordance with its mandate is a nullity everywhere. -Si-monds v. Simonds 103 Massachusetts, 572; Campbell v. Sherman, 35 Wisconsin, 103; Memore v. Collins, 17 Ohio St. 665; Astrom v. Hammond, 3 McLean, 107; Woolsey v. Dodge, 6 McLean, 142. A judgment rendered by the court upon a matter not within the pleadings nor tendered by the issues of the case must' be treated as…

1Opinion of the CourtJustice Moody

The plaintiff in error, a citizen of Kansas, brought an action of ejectment against the defendant in error, a citizen of Nebraska, in the Circuit Court for the District of Nebraska, where there was judgment for the defendant, which is brought here by writ of error on a constitutional question. The land sought to be recovered was once the property of Ezra S. Whitney, through whom both parties claim title; the plaintiff, through a deed of the land executecl and delivered by Whitney, on November 30, 1898; the defendant, under a sale of the land on execution in pursuance of a levy duly made on…

2Cited by18 opinions

  1. Graham v. West VirginiaSupreme Court of the United States · 1912
  2. Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909
  3. St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of the United States · 1919
  4. Standard Oil Co. of Ind. v. MissouriSupreme Court of the United States · 1912
  5. Junius S. Washington v. United StatesCourt of Appeals for the D.C. Circuit · 1968

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