Legal Opinion

Coler v. Grainger County

Court of Appeals for the Sixth Circuit

Decided April 14, 1896No. 368PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This is an appeal from a decree of tlie circuit court of the United States for tlie Northern division of tlie Eastern district, of Tennessee dismissing a bill filed by William N. Coler, Jr., against the county of Grainger and T. J. Smith, receiver of tlie Morristown & Cumberland Gap Railroad Company, appointed in another proceeding in the same court entitled…

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Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This is an appeal from a decree of tlie circuit court of the United States for tlie Northern division of tlie Eastern district, of Tennessee dismissing a bill filed by William N. Coler, Jr., against the county of Grainger and T. J. Smith, receiver of tlie Morristown & Cumberland Gap Railroad Company, appointed in another proceeding in the same court entitled “John Coleman vs. The Morristown & Cumberland Gap It. It. Go. et al.” Color’s bill was based upon a written contract of…

1Opinion of the CourtTaft, Circuit Judge

(after stating the facts as ahoye). It is first objected that this court has no jurisdiction of the appeal here *21taken, because it presents only the question of tlie jurisdiction of the court below. The argument is that by section 5 of the court of appeals act, where the question is alone of jurisdiction, it is to be certified to the supreme court, and by section 6 of the same act the court of appeals is given jurisdiction only in those cases of appeal and error not provided for in section 5. It lias been held that, where the only question raised upon the record before the court of appeals is…

2Cases cited10 opinions

  1. Sheldon v. SillSupreme Court of the United States · 1850
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. Corbin v. County of Black HawkSupreme Court of the United States · 1882
  4. Baltimore & O. R. v. MeyersCourt of Appeals for the Seventh Circuit · 1894
  5. Davis & Rankin Bldg. & Manuf'g Co. v. BarberCourt of Appeals for the Seventh Circuit · 1894

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3Cited by10 opinions

  1. Hume v. City of New YorkCourt of Appeals for the Second Circuit · 1918
  2. McGee v. STOKES'HEIRS AT LAWNorth Dakota Supreme Court · 1956
  3. United States ex rel. Butterworth & Lowe v. SessionsCourt of Appeals for the Sixth Circuit · 1913
  4. A. J. Phillips Co. v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1912
  5. Olds v. Herman H. Hettler Lumber Co.Court of Appeals for the Sixth Circuit · 1912

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