Legal Opinion

Lawler v. James H.

Supreme Court of the United States

Decided December 28, 1852PublishedCited by 16 opinions

This case was brought up, by writ of error, from the Supreme Court of the State of Ohio, under the 25th section- of the Judiciary Act. As the case was decided upon, the point of jurisdiction, it will be necessary to state only so much of it as to show what the question was which came before this court.

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This case was brought up, by writ of error, from the Supreme Court of the State of Ohio, under the 25th section- of the Judiciary Act. As the case was decided upon, the point of jurisdiction, it will be necessary to state only so much of it as to show what the question was which came before this court. See 18 Ohio Rep. 151. James H. Walker and John Walker, partners in trade, under the name of J. H. and J. Walicer, brought a writ against the plaintiffs in error in the Hamilton Court of Common Pleas, in Ohio. The action was brought to recover f2,000 from the plaintiffs in error, as directors,…

1Opinion of the CourtJustice Wayne

We do not think that this court has jurisdiction of this case. We cannot find in the record, nor can it be inferred from any part of it, (the certificate of the Supreme Court included) which of the statutes of Ohio were declared to be valid, which has been alleged to be in conflict with the Constitution of the United States.

The 25th section of the act to establish the judicial courts of the,JJnited States, requires something more definite than such a certificate, to give to this court jurisdiction.

The conflict of a Staté law with the Constitution of the United States, and a decision by a…

2Cases cited3 opinions

  1. ARMSTRONG v. the Treasurer of Athens CountySupreme Court of the United States · 1842
  2. President of the Commercial Bank of Cincinnati v. Buckingham's ExecutorsSupreme Court of the United States · 1847
  3. The United States v. Benjamin Chaires and OthersSupreme Court of the United States · 1836

3Cited by16 opinions

  1. Central Land Co. v. LaidleySupreme Court of the United States · 1895
  2. Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
  3. Honeyman v. HananSupreme Court of the United States · 1937
  4. Gross v. United States Mortgage Co.Supreme Court of the United States · 1883
  5. Central Land Company v. LaidleySupreme Court of the United States · 1895

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