Freeborn v. Smith
Supreme Court of the United States
This was á writ of error to tbe Supreme Court of Nevada Territory. Smith bad obtained a judgment against Freeborn and Sbelden in tbe Supreme Court of Nevada-; Nevada being at the time a Territory only, not a State.
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This was á writ of error to tbe Supreme Court of Nevada Territory. Smith bad obtained a judgment against Freeborn and Sbelden in tbe Supreme Court of Nevada-; Nevada being at the time a Territory only, not a State. To this judgment a writ of error went from this court, under the law organizing the Territory, and the record of the case was filed here, December Téi’m, 1862. After the case was thus removed, the Territory of Nevada was admitted by act of' Congress, March, 1864, into the Union as a State. The act admitting the Territory contained, however, no provision for the disposal of cases…
1Opinion of the CourtJustice Grier
The most important question of this case is that of jurisdiction.
It is objected to the act of 27th February, just passed, that it is ineffectual for the purpose intended by it; that it is- a retrospective act interfering directly with vested rights that the result of maintaining it would be to disturb anc impair judgments which, at the time of its passage, were final and absolute; that the powers of Congress are strictly legislative, and this is an exercise of judicial power, which Congress is not competent to exercise. Rut we are of opinion that these objections are not well founded.
The…
2Cases cited1 opinion
- Hepburn v. CurtsSupreme Court of Pennsylvania · 1838
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- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
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