Stewart v. Griffith Ex Rel. Ball
Supreme Court of the United States
APPEAL PROM THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. The appellee has no right to bring or maintain this suit, and the alleged action, of the Orphans’ Court was without jurisdiction and void; the court had no jurisdiction to pass the order of December 15, 1903, and it is a nullity.
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APPEAL PROM THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. The appellee has no right to bring or maintain this suit, and the alleged action, of the Orphans’ Court was without jurisdiction and void; the court had no jurisdiction to pass the order of December 15, 1903, and it is a nullity. When a court exercises an extraordinary power under a special statute prescribing its course, that course ought to be exactly observed, and jurisdictional facts must appear in order to show that its proceedings are coram judice. Thatcher v. Powell, Lessee, 6 Wheat. 119;…
1Opinion of the CourtJustice Holmes
This is a bill in equity, brought by the executor of one Ball for the specific performance of a contract made by the appellant to purchase certain land. The plaintiff had a decree in the Court of Appeals of the District of Columbia, and the defendant appealed. 31 App. D. C. 29.
The material parts of the contract are as follows; “This agreement, Made by and' between L. A. Griffith, duly authorized Agént and Attorney under a certain power of At torney from Alfred W. Ball both of Prince George’s County, Maryland, parties of the first part, and Wm. W. Stewart of Washington D. C. of the second…
2Cases cited3 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Glenn v. AllisonCourt of Appeals of Maryland · 1882
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- United States v. George Schaeffer, Jr., and Elsie Schaeffer, His WifeCourt of Appeals for the Ninth Circuit · 1963
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1920
- Moffat Tunnel Improvement Dist. v. Denver & S. L. Ry. Co.Court of Appeals for the Tenth Circuit · 1930
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