Morris v. Gilmer
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF AT-ARAMA. The court stated the case as follows: The first assignment of error relates to the action of the Circuit Court in overruling a motion to dismiss this suit, as one not really and substantially involving a dispute or controversy properly within its jurisdiction.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF AT-ARAMA. The court stated the case as follows: The first assignment of error relates to the action of the Circuit Court in overruling a motion to dismiss this suit, as one not really and substantially involving a dispute or controversy properly within its jurisdiction. On the 7th of July, 1884, the present appellee, James N. Gilmer, who was then, and during all his previous life had been, a citizen of Alabama, instituted a suit in equity, in one of the Chancery Courts of that State, against Josiah Morris,…
1Opinion of the Court
■ Mb. Justice HablaN,
after stating the case, delivered the opinion of the court.
It is unnecessary to decide whether the Circuit Court erre in overruling the plea of former adjudication, or in rendering the decree appealed from; for we are of opinion that the motion.to dismiss the suit, as one not really involving a con troversy within its jurisdiction, should have been sustained'. It is provided'by the fifth section of the act of March 3, 1875, (18 Stat. 472,) determining the jurisdiction of the Circuit Courts of the United States, that if in any suit commenced in one of. such courts “it…
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