Green v. Buskirk

That the controversy in this case was substantially ended when this court refused (5 Wallace, 312,) to *53dismiss the writ of error for want of jurisdiction, is quite manifest by the effort which the learned counsel for the defendants in error now make, to escape the force of that decision.

The question raised on the motion ■ to dismiss, was whether the supreme court of New York, in this case, had decided against a right which Green claimed under the constitution, and an act of congress. If it had, then this court had jurisdiction to entertain the writ of error—otherwise not. Green had attached…