England v. Gebhardt
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was a writ of error brought under the act of March 3, 1875, ch. 137, § 5, 18 Stat. 472, to reverse an order of the Circuit Court remanding a suit at law to the State court from which it had been removed..
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was a writ of error brought under the act of March 3, 1875, ch. 137, § 5, 18 Stat. 472, to reverse an order of the Circuit Court remanding a suit at law to the State court from which it had been removed.. The suit was begun by Jacob W. Gebhardt, the, defendant in error, against Isaac W. England, the plaintiff in error, in the Supreme Court of New Jersey, and a summons was duly served on England. Thp pleadings were made up and issue joined in the State court. When that was done there was nothing in the…
1Opinion of the CourtChief Justice Waite
delivered the. opinion of the court. He recited the facts as above stated, and continued :
It was decided in Babbitt v. Clark, 103 U. S. 606, 611, that “ Congress evidently intended that orders of this kind made in suits at law should be brought here by writ of error, and that where the suit was in equity an appeal should be taken.” This was a suit1 at law, and it was, therefore properly brought here by writ of error. But as a writ of error brings up for review only such errors as are apparent on the face of the record, it follows that nothing can be considered here on such a writ in this…
2Cases cited8 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Storm v. United StatesSupreme Court of the United States · 1877
- Babbitt v. ClarkSupreme Court of the United States · 1881
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
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3Cited by44 opinions
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- United States v. HarkSupreme Court of the United States · 1944
- Jameson v. JamesonCourt of Appeals for the D.C. Circuit · 1949
- Rio Grande Irrigation & Colonization Co. v. GildersleeveSupreme Court of the United States · 1899
- Forstner Chain Corp. v. Marvel Jewelry Mfg. Co.Court of Appeals for the First Circuit · 1949
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