Legal Opinion

Gurnee v. Patrick County

Supreme Court of the United States

Decided November 17, 1890No. 57PublishedCited by 32 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. This case was called when reached in the regular order upon the calendar, and argument was commenced. The court, however, on examining, the record, declined to hear further argument, but granted to counsel leave to file briefs on the question of jurisdiction.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. This case was called when reached in the regular order upon the calendar, and argument was commenced. The court, however, on examining, the record, declined to hear further argument, but granted to counsel leave to file briefs on the question of jurisdiction. The case, as stated by. the court, was as follows: Plaintiffs in error are citizens of the State of New York, and the owners and holder^ of certain bonds of the county of Patrick in the State of Yirginia.' The record shows that at a meeting of the board…

1Opinion of the CourtChief Justice Puller

Prior to the act of March 3, 1875, there could be no appeal or writ of error from an order of a Circuit Court remanding a suit, which had been removed, because such an order was not a final judgment or decree in the sense which authorized an appeal or writ of error. Railroad Co. v. Wiswall, 23 Wall. 507. But it was provided by that act that the order of a Circuit Court dismissing or remanding a cause to a State court, should be reviewable by the Supreme Court on writ of error or appeal as the case might be. 18 Stat. 471, c. 137, § 5. By section 6 of the act of March 3, 1887, (24 Stat. 552,…

2Cases cited6 opinions

  1. Railroad Co. v. GrantSupreme Court of the United States · 1879
  2. Railroad Co. v. WiswallSupreme Court of the United States · 1875
  3. Morey v. LockhartSupreme Court of the United States · 1887
  4. Sherman v. GrinnellSupreme Court of the United States · 1887
  5. Richmond & Danville Railroad v. ThouronSupreme Court of the United States · 1890

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3Cited by32 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Hamdan v. RumsfeldSupreme Court of the United States · 2006
  3. Bruner v. United StatesSupreme Court of the United States · 1952
  4. De Rodulfa v. United StatesCourt of Appeals for the D.C. Circuit · 1972
  5. Atlantic Coast Line R. Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1943

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