Conley v. Ballinger
Supreme Court of the United States
APPICAL FROM Til 10 CIliClUT COURT OP Till' UNITED STATES EOR THE DISTRICT OE KANSAS. The facts are stated in the opinion. The Circuit Court in dismissing the bill for want of jurisdiction with costs erred. If it has not jurisdiction it cannot give costs. 2 Bates’ Fed. Eq. Pro, 873; Inglee v‘. Coolidge, 2 Wheat. 363; Hornthall v. Keary, 9 Wall. 566; Blacklock v. Small, 127 U. S. 96; May’s U. S.‘Sup. Ct. Prac. 5; M,ayor v. Cooper, 6 •Wall. 247. ..
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APPICAL FROM Til 10 CIliClUT COURT OP Till' UNITED STATES EOR THE DISTRICT OE KANSAS. The facts are stated in the opinion. The Circuit Court in dismissing the bill for want of jurisdiction with costs erred. If it has not jurisdiction it cannot give costs. 2 Bates’ Fed. Eq. Pro, 873; Inglee v‘. Coolidge, 2 Wheat. 363; Hornthall v. Keary, 9 Wall. 566; Blacklock v. Small, 127 U. S. 96; May’s U. S.‘Sup. Ct. Prac. 5; M,ayor v. Cooper, 6 •Wall. 247. .. The Circuit Court has jurisdiction to enjoin the acts of individuals who invade constitutional rights under color of an unconstitutional act of…
1Opinion of the CourtJustice Holmes
delivered the opinion of the court.'
This is a bill in equity t.o enjoin the Secretary of the Interior and Commissioners appointed by him from selling or disturbing an Indian cemetery. The bill was demurred to on the grounds, among others, that the matter- in dispute was not alleged to exceed the value of two thousand dollars, and that the suit -vyas a suit against the United States. The bill was dismissed for want of-júrisdiction and an appeal was taken to this court. ’ ' • •
The substance of the bill is as follows: The plaintiff is a citizen of the State of Kansas and of the United States and…
2Cases cited3 opinions
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Oregon v. HitchcockSupreme Court of the United States · 1906
3Cited by17 opinions
- United States v. Alcea Band of TillamooksSupreme Court of the United States · 1946
- Alabama v. SchmidtSupreme Court of the United States · 1914
- In Re Northern Indiana Oil Co. Moore v. FletcherCourt of Appeals for the Seventh Circuit · 1951
- Duwamish Tribes of Indians v. United StatesUnited States Court of Claims · 1934
- Wyandot Nation of Kansas v. United StatesCourt of Appeals for the Federal Circuit · 2017
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