Village of Mackinaw City v. United States
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern-Division of the Eastern District of Michigan. Upon the suggestion of the Secretary of the Treasury that certain parcels of land in the village of Mackinaw City were required for lighthouse purposes, the Attorney General, through the District Attorney for the Eastern District of Michigan, instituted these proceedings in the District Court for that district to acquire the title for the United States.
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Appeal from the Circuit Court of the United States for the Northern-Division of the Eastern District of Michigan. Upon the suggestion of the Secretary of the Treasury that certain parcels of land in the village of Mackinaw City were required for lighthouse purposes, the Attorney General, through the District Attorney for the Eastern District of Michigan, instituted these proceedings in the District Court for that district to acquire the title for the United States. The lands appear to have belonged to the village. In response to the petition and the order of the court, the village appeared,…
1Opinion of the CourtSeverens, Circuit Judge
It is a familiar rule that the appellate jurisdiction of the Circuit Courts of Appeals of the United States must be exercised upon an appeal or writ of error according to the nature of the proceeding in the court below; that is to say, whether it was a proceeding in equity or at the common law, or was essentially of the one or the other character. This court has on several occasions been required to apply this rule, and has been compelled to decline jurisdiction because of the mistake of counsel in the adoption of the wrong remedy — a writ of error in a suit in equity, or an appeal in a…
2Cases cited5 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Muhlenberg County v. DyerCourt of Appeals for the Sixth Circuit · 1895
- High Bridge Lumber Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1895
- United States v. Diamond Match Co.Court of Appeals for the Sixth Circuit · 1902
3Cited by2 opinions
- Board of Councilmen of City of Frankfort v. Deposit Bank of FrankfortCourt of Appeals for the Sixth Circuit · 1904
- Smith v. CurrieCourt of Appeals for the Fourth Circuit · 1916