Ayres v. Polsdorfer
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. Ejectment and trespass brought in the Circuit Court of the United. States, Western Division of the Western District of Tennessee, for the recovery of lands and damages. Part of the land is an island in the Mississippi River.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. Ejectment and trespass brought in the Circuit Court of the United. States, Western Division of the Western District of Tennessee, for the recovery of lands and damages. Part of the land is an island in the Mississippi River. The declaration was in the usual form, and the ground of jurisdiction in the Circuit Court was diversity of citizenship, expressed as follows: “ The plaintiffs, who are citizens of the State of Indiana, residing in Evansville, therein, complain of the defendants, Joe 0. Marley, Thomas Price, E. J. Eoy, T. A.…
1Opinion of the CourtJustice McKenna
A motion is made to dismiss on the ground that the. judgment of the Circuit Court of Appeals was final, and therefore it is not reviewable by writ of error from this court.
Interpreting the Judiciary Act of 1891, we said, in McLish v. Roff, 141 U. S. 661, 666, that its purpose was to provide “ for the distribution of the entire appellate jurisdiction of our national judicial system, between the Supreme Court of the United States and the Circuit Court of Appeals, therein established, by designating the classes of cases in respect to which each of those two courts shall respectively have final…
2Cases cited7 opinions
- McLish v. RoffSupreme Court of the United States · 1891
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Colorado Central Consolidated Mining Co. v. TurckSupreme Court of the United States · 1893
- McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891
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3Cited by10 opinions
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- Spencer v. Duplan Silk Co.Supreme Court of the United States · 1903
- Stevenson v. FainSupreme Court of the United States · 1904
- St. Louis Cotton Compress Co. v. American Cotton Co.Court of Appeals for the Eighth Circuit · 1903
- Bonin v. Gulf Co.Supreme Court of the United States · 1905
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