Wilson v. North Carolina
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. Two motions were made in this case. The defendant in error made a motion to dismiss the writ on the ground of Avant of jurisdiction. The plaintiff in error obtained from this court a rule against the relator Caldwell to show cause Avhy he should not be punished as for a contempt in proceeding upon the judgment of the state court after a writ of error from this court had been allowed and a supersedeas bond duly filed.
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA. Two motions were made in this case. The defendant in error made a motion to dismiss the writ on the ground of Avant of jurisdiction. The plaintiff in error obtained from this court a rule against the relator Caldwell to show cause Avhy he should not be punished as for a contempt in proceeding upon the judgment of the state court after a writ of error from this court had been allowed and a supersedeas bond duly filed. The two motions Avere heard together. The following Avere the facts presented upon the motion to dismiss: By chapter…
1Opinion of the CourtJustice Peckham
A .consideration of the facts convinces us that the motion to dismiss this writ of error for lack of jurisdiction ought to be. granted.
Under the statute of 1891, creating the railroad commission and providing for the appointment, suspension and removal of the officers of such commission, the act of the Governor in suspending the plaintiff in error was not a finality. Before there could be any removal,, the fact of suspension was to be reported to the next legislature by the Governor, and unless that body removed the officer the effect was to reinstate him in office, and he then became…
2Cases cited8 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Walker v. SauvinetSupreme Court of the United States · 1876
- New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
- Allen v. GeorgiaSupreme Court of the United States · 1897
- Kennard v. Louisiana Ex Rel. MorganSupreme Court of the United States · 1876
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3Cited by111 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Snowden v. HughesSupreme Court of the United States · 1944
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- United States v. BarnettSupreme Court of the United States · 1964
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
106 more not listed; retrieve them via the Exa API.