Moses v. Mayor
Supreme Court of the United States
On motion of Mr. P. Phillips, to dismiss for want of jurisdiction ; the case being thus: Moses and another had filed their bill in a State court of Alabama, asserting that a law of that State authorized them, on payment of a certain sum, to establish a lottery; that they had paid the sum and established a lottery accordingly.
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On motion of Mr. P. Phillips, to dismiss for want of jurisdiction ; the case being thus: Moses and another had filed their bill in a State court of Alabama, asserting that a law of that State authorized them, on payment of a certain sum, to establish a lottery; that they had paid the sum and established a lottery accordingly. They now complained that they had been several times arrested by the mayor’s police, charged with gambling, and had been thus obstructed in the pursuit of their business. The bill then prayed an injunction to restrain the mayor, &c., from interfering in their “ carrying…
1Opinion of the Court
The CHIEF JUSTICE:
The motion to dismiss is rested upon two grounds: First, that none of the questions specified in the Judiciary Act of 1867 were raised in the Supreme Court of Alabama; second, that there was no final judgment.
As we are clearly of opinion that we have no jurisdiction of the case for the second reason it is unnecessary to consider the first. Obviously, there was no final decree. The only decree rendered in the Supreme Court was that the injunction of the court below be dissolved. That decree was in no sense final! It left the whole case to be disposed of upon its merits. This…
2Cited by1 opinion
- Moses v. The MayorSupreme Court of the United States · 1873