Legal Opinion

Express Co. v. Kountze Brothers

Supreme Court of the United States

Decided December 13, 1869PublishedCited by 63 opinions

Error to the Circuit Court for the District of Nebraska. The case, which involved two distinct subjects, one of jurisdiction and the other of merits, was thus: I. Ns to the matter of jurisdiction. This again involved two different points.

Read the full summary

Error to the Circuit Court for the District of Nebraska. The case, which involved two distinct subjects, one of jurisdiction and the other of merits, was thus: I. Ns to the matter of jurisdiction. This again involved two different points. An act of 1847* provided, that in all cases of Federal character and jurisdiction commenced.in the Superior Courts of the Territory of Florida, and the Court of Appeals of that Territory, after the 3d of March, 1845, “in which judgments or decreeawere rendered, or which are claimed to have been since pending there, in the records and proceedings thereof, and…

1Opinion of the Court

Mr, Justice DAYIS

delivered the opinion of the court.

Before proceeding to consider the merits of this controversy, it is necessary to dispose of the point of jurisdiction which is raised.

It is urged that the Circuit Court had no jurisdiction over the cause, because there was no authority to transfer it. This depends on the construction of the acts of Congress relating to the subject.

On the admission of a new State into the Union, it be comes necessary to provide not only for the judgments and. decrees of the Territorial courts, but also for their unfinished business. In recognition of this…

2Cited by63 opinions

  1. Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
  2. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  3. Central Pacific Railroad v. CaliforniaSupreme Court of the United States · 1896
  4. Koenigsberger v. Richmond Silver Mining Co.Supreme Court of the United States · 1895
  5. State Automobile Mut. Ins. Co. of Columbus v. YorkCourt of Appeals for the Fourth Circuit · 1939

58 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API