Millingar v. Hartupee
Supreme Court of the United States
Error to the Supreme Court of the State of Pennsylvania. On motion to dismiss the writ for want of jurisdiction. Hartupee brought an action aga.nst Millingar as garnishee of Gearing, in one of the courts of Alleghany County, Pennsylvania; the object of the suit having been to subject certain moneys of Gearing, alleged to be in the hands of Millirigar, to the satisfaction of a judgment recovered by Hartupee against Gearing in that court.
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Error to the Supreme Court of the State of Pennsylvania. On motion to dismiss the writ for want of jurisdiction. Hartupee brought an action aga.nst Millingar as garnishee of Gearing, in one of the courts of Alleghany County, Pennsylvania; the object of the suit having been to subject certain moneys of Gearing, alleged to be in the hands of Millirigar, to the satisfaction of a judgment recovered by Hartupee against Gearing in that court. The controversy related to the ownership of certain cotton, captured for breach of blockade, and libelled as prize in the District Court for the Northern…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
It is insisted in behalf of the.defendant in error that the question raised and decided by the Supreme Court of Pennsylvania,'does not bring the case within either of the classes of which this court has jurisdiction under the twenty-fifth section of the Judiciary Act; and this must be admitted unless it can be maintained that the question was upon the validity of an authority exercised under the United States, and that the decision was against its validity.
It is clear that the case does not come under any other of the descriptions of the…
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