Gill v. Oliver's Executors
Supreme Court of the United States
This case came up by writ of error to the Court of Appeals for the Western Shore of Maryland, being the highest court of law and equity in that State; which writ was issued under the twenty-fifth section of the Judiciary Act.' It was argued at last term, on- a motion to dismiss for want of jurisdiction^ But the court reserved the point till final-hearing.
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This case came up by writ of error to the Court of Appeals for the Western Shore of Maryland, being the highest court of law and equity in that State; which writ was issued under the twenty-fifth section of the Judiciary Act.' It was argued at last term, on- a motion to dismiss for want of jurisdiction^ But the court reserved the point till final-hearing. On the hearing at this term, the question of jurisdiction continued to be .the most important question in the. case,— and that on which it was decided by the court. A brief history of the facts connected with the case, and of the pleadings,…
1Opinion of the CourtJustice Grier
If this court can take jurisdiction of this case under the twenty-fifth section of the Judiciary Act, it must be under either the first or third clause, as the second is admitted to be wholly inapplicable to it.
1. The first is, “ where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity.”. 2. The third is, “ where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the…
2Cases cited6 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- ARMSTRONG v. the Treasurer of Athens CountySupreme Court of the United States · 1842
- Miller, for the Use of the United States v. NichollsSupreme Court of the United States · 1819
- Frevall v. BacheSupreme Court of the United States · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
- McBlair v. GibbesSupreme Court of the United States · 1855
- Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889
- Goodrich v. TenneyIllinois Supreme Court · 1893
- Williams v. GibbesSupreme Court of the United States · 1858
3 more not listed; retrieve them via the Exa API.