United States v. Coe
Supreme Court of the United States
APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. Motion to dismiss for want, of jurisdiction. The case was as follows: On March 3,1891, an act of Congress was approved, entitled “ An act to establish a Court of Private Land Claims, and to provide for the settlement of private land claims in certain States and Territories.” 26 Stat. 854, c. 539. By the first section it was provided: “ That there shall be, and hereby is, established a court to be called the Court of Private Land…
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APPEAL FROM THE COURT OF PRIVATE LAND CLAIMS. Motion to dismiss for want, of jurisdiction. The case was as follows: On March 3,1891, an act of Congress was approved, entitled “ An act to establish a Court of Private Land Claims, and to provide for the settlement of private land claims in certain States and Territories.” 26 Stat. 854, c. 539. By the first section it was provided: “ That there shall be, and hereby is, established a court to be called the Court of Private Land Claims, to consist of a Chief Justice and-four Associate Justices, who shall be, when appointed, citizens and residents'…
1Opinion of the CourtChief Justice Fuller
The motion to dismiss rests upon two grounds : 1. That the Congress had no power to confer upon this court jurisdiction to entertain an appeal from the decree of the Court of Private Land Claims because the latter is not vested with judicial power in virtue of any provision of the Constitution. 2. That if this be not so, nevertheless the act creating that court, in prescribing the course of procedure upon appeal, imposed upon this court the exercise of original jurisdiction contrary to the provisions of the Constitution, and that therefore no appeal would lie.
■ The second of these grounds…
2Cases cited9 opinions
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- Hornbuckle v. ToombsSupreme Court of the United States · 1874
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