Kuhn v. Fairmont Coal Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT CO CRT OF APPEALS FOR THE. FOURTH CIRCUIT. The facts are stated in the opinion. The Griffin case decided by the state court does not construe any statute and cannot, be placed in the class of cases decided by the state courts which control Federal courts. Nor does it establish any rule of property. This is ah action of trespass on the case for tort. None of the cases cited by defendant apply.
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CERTIFICATE FROM THE CIRCUIT CO CRT OF APPEALS FOR THE. FOURTH CIRCUIT. The facts are stated in the opinion. The Griffin case decided by the state court does not construe any statute and cannot, be placed in the class of cases decided by the state courts which control Federal courts. Nor does it establish any rule of property. This is ah action of trespass on the case for tort. None of the cases cited by defendant apply. Decisions of the state court even when decided upon a statute or upon the principle of an established rule of property, do not preclude the Federal court from passing on…
1Opinion of the CourtJustice Harlan
This case is here on a question propounded under the authority of the Judiciary Act of March 3, 1891, relating to the jurisdiction of the courts of the United States. 26 Stat. 826, c. 517, § 6. The facts out of which the question arises are substantially as will be now stated.
On the twenty-first day of. November, 1889, the plaintiff Kuhn, a citizen of Ohio, sold and conveyed to Camden all the coal underlying a certain tract of land in West Virginia of which he, Kuhn, was the owner in fee. The deed contained these clauses: “The parties of the first part do grant unto the said Johnson N. Camden…
2Cases cited27 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Edwards v. KearzeySupreme Court of the United States · 1878
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Bronson v. KinzieSupreme Court of the United States · 1843
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3Cited by244 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
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