United States v. Dalcour
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA. The facts are stated in the opinion. This court • has jurisdiction. The appeal by the United States to this court is special and mandatory under § 11 of the act of 1860; therefore the Circuit Court of Appeals Act does not apply. This principle is recognized respecting original jurisdiction under the act of August 13, .1888. Re Hohorst, 150 U. S. 653, .661..
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA. The facts are stated in the opinion. This court • has jurisdiction. The appeal by the United States to this court is special and mandatory under § 11 of the act of 1860; therefore the Circuit Court of Appeals Act does not apply. This principle is recognized respecting original jurisdiction under the act of August 13, .1888. Re Hohorst, 150 U. S. 653, .661.. Gwin v. United States, 184 U. S. 669, distinguished. If the Circuit Court of Appeals Act applies, the construction of the treaty is really and…
1Opinion of the CourtJustice Holmes
This is a petition to establish title by a grant of about one million eight hundred and fifty thousand acres of land in Florida, brought in the District Court under the act óf June 22, 1860, c. 188, § 11, 12 Stat, 85, 87, extended by act of June 10, 1872, c. 421, 17 Stat. 378, for three years from the last date. The petitioners had a decree in the'District. Court, and the United States appealed to this court -under the above-mentioned § 11.
As the jurisdiction of this court is denied, we will dispose of that question before going further into the facts. The ground of the. denial is that by § 6…
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