Charlotte A. Parish v. Harvey W. Ellis and Wife
Supreme Court of the United States
ON appeal from, the Court of Appeals, in Florida. The ease is fully stated in the opinion of the Court. The only question in the case on which the Court gave an opinion, was upon the right of the appellant to bring the case to this Court by appeal, instead of by writ of error. contended, that an appeal does not lie in this Court; this case could be brought here only by writ of error. It is not a case either of -equity, admiralty, or prize or no prize.
Read the full summary
ON appeal from, the Court of Appeals, in Florida. The ease is fully stated in the opinion of the Court. The only question in the case on which the Court gave an opinion, was upon the right of the appellant to bring the case to this Court by appeal, instead of by writ of error. contended, that an appeal does not lie in this Court; this case could be brought here only by writ of error. It is not a case either of -equity, admiralty, or prize or no prize. From 1789 to 1803, all cases were brought here by writ of error. Act of 24th September, 1789, sec. 22; 1 Story’s Laws, 60. In 1803, appeals…
1Opinion of the CourtChief Justice Taney
• This case is brought here by appeal from the judgment'of the Court of Appeals fox the territory of Florida. A motion has been, made to dismiss the case upon the grounds that it was. a proceeding at law, and not in equity, and that, under the acts of Congress regulating the appellate jurisdiction of this Court, the case cannot be brought here by appeal; and that we have no jurisdiction to revise the judgment of the territorial Court, unless •it is brought up by writ of error.
The question may, perhaps, seem to be rather one of form than of substance. But, nevertheless, it is our duty to…
2Cases cited1 opinion
- The San PedroSupreme Court of the United States · 1817
3Cited by11 opinions
- Thatcher v. United StatesCourt of Appeals for the Sixth Circuit · 1914
- Godwin v. KingSupreme Court of Florida · 1893
- Rode & Horn v. PhippsCourt of Appeals for the Sixth Circuit · 1912
- Cast v. CastUtah Supreme Court · 1873
- Henderson v. ChairesSupreme Court of Florida · 1889
6 more not listed; retrieve them via the Exa API.