Winn's Heirs v. Jackson
Supreme Court of the United States
ERROR to the Court of Appeals of Kentucky. This-was an ejectment, originally brought in the Harrispn Circuit Court of the State of Kentucky,.by the plaintiffs ;u error, against the defendants in error, and judgment being rendered for the plaiulitfs, (he cause was carried, by writ of error, to the Court of Appeals, being the highest Court of law and equity of that State.
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ERROR to the Court of Appeals of Kentucky. This-was an ejectment, originally brought in the Harrispn Circuit Court of the State of Kentucky,.by the plaintiffs ;u error, against the defendants in error, and judgment being rendered for the plaiulitfs, (he 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 ptoceedings, not inconsistent with the decision of the Court of Appeal?. Whereupon the plaintiffs sued out…
1Opinion of the Court
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.i'n question as being repugnaut to the constitution of the. United States, the judgment of that Court was not i{ a final judgment” within the true meaning of the 25th section *136of the Judiciary Act of 1789, ch. 20. the case having been remanded to the Circuit Court of Harrison for further proceedings.a
Motion allowed.
He cited Gibbons v. Ogden, 6 Wheat. Rep, 448.
2Cited by1 opinion
- Winn's Heirs v. JacksonSupreme Court of the United States · 1827