Whitney v. Dick
Supreme Court of the United States
APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. On May 16, 1905, the respondent in these two cases was convicted in the District Court of the United States for the District of Idaho, Northern Division, on the charge of unlawfully and feloniously introducing intoxicating liquors into the Nez Perce Indian Reservation, -«id sentenced to pay a fine of $100 and be confined in the penitentiary for the term of one year and ten days.
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APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. On May 16, 1905, the respondent in these two cases was convicted in the District Court of the United States for the District of Idaho, Northern Division, on the charge of unlawfully and feloniously introducing intoxicating liquors into the Nez Perce Indian Reservation, -«id sentenced to pay a fine of $100 and be confined in the penitentiary for the term of one year and ten days. On July 21, 1905, a bill of exceptions was duly prepared and signed. Thereafter, without suing out a writ of error, respondent applied…
1Opinion of the Court
Ms. Justice Brewer,
after making the foregoing statement, delivered the opinion of the court.,, The first question is, of course, one of jurisdiction. Final orders of the. Circuit Court of Appeals may of right be brought to this court only where the matter in dispute exceeds in value one thousand dollars. As there is no amount in controversy, the appeal was unauthorized and must be dismissed. Lau Ow Bew v. United States, 144 U. S. 47, 58, But by certiorari the judgment of the Court of Appeals is properly before us. In re Chetwood, Petitioner, 165 U. S. 443, 462.. Had the Court of Appeals…
2Cases cited18 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- In Re ChetwoodSupreme Court of the United States · 1897
- Kentucky v. PowersSupreme Court of the United States · 1906
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3Cited by87 opinions
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- Price v. JohnstonSupreme Court of the United States · 1948
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- McClellan v. CarlandSupreme Court of the United States · 1910
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