Legal Opinion

United States v. Larkin

Supreme Court of the United States

Decided February 24, 1908No. 356PublishedCited by 19 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. This was an informtion filed on behalf of the United States, June 8, 1905, in the District Court for the Northern District of Ohio, for- the forfeiture of certain jewels which, it was set forth, had been fraudulently imported into the United States without the payment of duty, and that, upon May 19, 1905, the 'jewels so smuggled had been seized by Charles F. Leach, collector of the District…

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. This was an informtion filed on behalf of the United States, June 8, 1905, in the District Court for the Northern District of Ohio, for- the forfeiture of certain jewels which, it was set forth, had been fraudulently imported into the United States without the payment of duty, and that, upon May 19, 1905, the 'jewels so smuggled had been seized by Charles F. Leach, collector of the District of Ohio,'within the said district. . July 5, 1905, Adrian H. Larkin, being interested as a claimant, came in and,…

1Opinion of the CourtChief Justice Fuller

The question is presented at the threshold of the case as to whether or not the proceedings in Ibe Circuit Court of Appeals for the Sixth Circuit and the judgment therein rendered were absolutely void for want of jurisdiction. If' they were .not, this writ of error cannot be maintained, as judgments of the Circuit Courts "of Appeals cannot be reviewed in this way.

Plaintiffs in error grounded their application as coming within the first of the classes of cases enumerated in § 5 of the Judiciary Act of 1891, c. 517, 26 Stat. 826, 827, in which appeals or writs of error may be taken directly to…

2Cases cited15 opinions

  1. McLish v. RoffSupreme Court of the United States · 1891
  2. Wetmore v. RymerSupreme Court of the United States · 1898
  3. Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
  4. Smithers v. SmithSupreme Court of the United States · 1907
  5. Shields v. ColemanSupreme Court of the United States · 1895

10 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Munro v. United StatesSupreme Court of the United States · 1938
  2. Reid v. United StatesSupreme Court of the United States · 1909
  3. Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
  4. The Steamship JeffersonSupreme Court of the United States · 1909
  5. United States v. Congress Construction Co.Supreme Court of the United States · 1911

14 more not listed; retrieve them via the Exa API.

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