Legal Opinion

Penn Mutual Life Insurance v. Austin

Supreme Court of the United States

Decided January 3, 1898No. 44PublishedCited by 145 opinions

APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THB WESTERN DISTRICT OP TEXAS. The court below sustained a demurrer to and dismissed for want of equity the bill of the complainants, by which, as citizens of the States of Pennsylvania, Maryland and New York, respectively, they impleaded the defendants, the one a municipal corporation Created by a law of the State of Texas, and its Mayor and Board of Public Works, citizens of the' State of Texas, and the other a…

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APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THB WESTERN DISTRICT OP TEXAS. The court below sustained a demurrer to and dismissed for want of equity the bill of the complainants, by which, as citizens of the States of Pennsylvania, Maryland and New York, respectively, they impleaded the defendants, the one a municipal corporation Created by a law of the State of Texas, and its Mayor and Board of Public Works, citizens of the' State of Texas, and the other a corporation organized under the authority of the general laws of the State of Texas regulating the formation of corporations,…

1Opinion of the CourtJustice White

The jurisdiction of this court to review the decree of the trial court is denied, the contention being that if an appeal from the decision of the trial court was desired, it should have been had in the Circuit Court of Appeals, and cannot be here obtained.

By the fifth section of the act of March 3,1891, c. 517,26 Stat. 826, creating the Circuit Courts of Appeals, jurisdiction is conferred upon this court to review by direct appeal any final judgment rendered by the Circuit Court “ in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of…

2Cases cited19 opinions

  1. Galliher v. CadwellSupreme Court of the United States · 1892
  2. Hammond v. HopkinsSupreme Court of the United States · 1892
  3. Badger v. BadgerSupreme Court of the United States · 1865
  4. Speidel v. HenriciSupreme Court of the United States · 1887
  5. Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895

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3Cited by145 opinions

  1. Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
  2. Savage v. JonesSupreme Court of the United States · 1912
  3. Andrews v. AndrewsSupreme Court of the United States · 1903
  4. Biw Deceived v. Local S6, Industrial Union of Marine and Shipbuilding Workers of America, Iamaw District Lodge 4Court of Appeals for the First Circuit · 1997
  5. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911

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