Spencer v. Patey
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Edward Patey against Caleb S. Spencer, as treasurer, etc. There was a judgment for plaintiff, and defendant brings error. This ease comes here on writ of error to review a judgment entered upon the verdict of a jury in favor of the plaintiff, Edward Patey, in the sum of $2,100 for injuries sustained by him by reason of the alleged negligence of the defendant.
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In Error to the District Court of the United States for the Southern District of New York. Action by Edward Patey against Caleb S. Spencer, as treasurer, etc. There was a judgment for plaintiff, and defendant brings error. This ease comes here on writ of error to review a judgment entered upon the verdict of a jury in favor of the plaintiff, Edward Patey, in the sum of $2,100 for injuries sustained by him by reason of the alleged negligence of the defendant. The parties will be hereafter designated as they appeared in the court below, as plaintiff and defendant.
1Opinion of the Court
COXE, Circuit Judge.
[1] It is unnecessary to discuss the merits of this controversy for the reason that we are convinced that the District Court for the Southern District of New York, where the case was *556tried, had no jurisdiction. In Railway Co. v. Swan, 111 U. S. 379, at page 382, 4 Sup. Ct. 310, at page 511, 28 L. Ed. 462, Mr. Justice Matthews says:
“On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first of this court, and then of the court from which the record comes. i This question the court is bound to' ask and answer for itself, even when not…
2Cases cited6 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Chapman v. BarneySupreme Court of the United States · 1889
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- Thomas v. Board of Trustees of the Ohio State UniversitySupreme Court of the United States · 1904
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3Cited by5 opinions
- Huffman v. BaldwinCourt of Appeals for the Eighth Circuit · 1936
- Oscar L. Green, Robert A. Green, Quentin L. Green and Alice Green v. Herschel S. Green and Madge GreenCourt of Appeals for the Seventh Circuit · 1955
- Steele v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1947
- Bomeisler v. M. Jacobson & Sons TrustCourt of Appeals for the First Circuit · 1941
- Loftus v. Financial Industry Regulatory AuthorityDistrict Court, S.D. New York · 2021