Legal Opinion

Sweringen v. St. Louis

Supreme Court of the United States

Decided April 7, 1902No. 187PublishedCited by 8 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The plaintiff in error, being tbe plaintiff below, obtained judgment in the state Circuit Court for the city of St. Louis for. the recovery of certain land described in the judgment. Upon appeal to the Supreme Court of the State of Missouri this judgment was reversed, 151 Missouri, 348, and the plaintiff has brought the case here by writ of error.

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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The plaintiff in error, being tbe plaintiff below, obtained judgment in the state Circuit Court for the city of St. Louis for. the recovery of certain land described in the judgment. Upon appeal to the Supreme Court of the State of Missouri this judgment was reversed, 151 Missouri, 348, and the plaintiff has brought the case here by writ of error. The action was ejectment for land described in the petition, which also set up a claim for the rents and profits. The answer of the city denied all the allegations of the petition,' set up adverse…

1Opinion of the CourtJustice Beckham

• A motion was made in this case to dismiss the writ of error for lack of jurisdiction, and a decision of the motion was reserved until after an argument of the case upon the merits. The whole case having been argued, it becomes necessary to dispose of the motion to dismiss.

The motion is based upon the averment that there is no Federal question involved, and that even if there were one, it was not properly raised in the court below.' We think that, for the reasons now to be stated, the motion to dismiss must be granted.

In our judgment there is no Federal question arising by reason of…

2Cases cited13 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
  3. Packer v. BirdSupreme Court of the United States · 1891
  4. Dewey v. Des MoinesSupreme Court of the United States · 1899
  5. Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900

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3Cited by8 opinions

  1. Joy v. City of St. LouisSupreme Court of the United States · 1906
  2. Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
  3. Mutual Life Insurance v. McGrewSupreme Court of the United States · 1903
  4. Pardee v. AldridgeSupreme Court of the United States · 1903
  5. The People v. ClarkeIllinois Supreme Court · 1928

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

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