Legal Opinion

Railroad Co. v. Grant

Supreme Court of the United States

Decided April 14, 1879PublishedCited by 146 opinions

Motion to dismiss a writ of error to the Supreme Court of the District of Columbia. This is a writ of error sued out by the Baltimore and Potomac Railroad Company, the defendant below, on the 6th of December, 1875, to reverse a judgment rendered against it for $2,250 by the Supreme Court of the District of Columbia.

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Motion to dismiss a writ of error to the Supreme Court of the District of Columbia. This is a writ of error sued out by the Baltimore and Potomac Railroad Company, the defendant below, on the 6th of December, 1875, to reverse a judgment rendered against it for $2,250 by the Supreme Court of the District of Columbia. At that time sects. 846 and 847 of the Revised Statutes relating to the District of Columbia, defining the jurisdiction of this court in that class of cases, were in force. They are as follows: — “ Sect. 846. Any final judgment, order, or decree of the Supreme Court of the…

1Opinion of the CourtChief Justice Waite

The single question presented by this motion is whether there is any law now in force which gives us authority to reexamine, reverse, or affirm the judgment in this case. Nearly seventy years ago, Mr. Chief Justice Marshall said, in Durusseau v. United States (6 Cranch, 307), that this “ court implies a legislative exception from its constitutional appellate power in the legislative affirmative description of those powers. Thus a writ of error lies to the judgment of a circuit court, where the matter in controversy exceeds the value of $2,000. There is no express declaration that it will not…

2Cases cited3 opinions

  1. United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
  2. Durousseau v. United StatesSupreme Court of the United States · 1810
  3. Insurance Co. v. RitchieSupreme Court of the United States · 1867

3Cited by146 opinions

  1. Hamdan v. RumsfeldSupreme Court of the United States · 2006
  2. Keller v. AshfordSupreme Court of the United States · 1890
  3. Bruner v. United StatesSupreme Court of the United States · 1952
  4. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  5. Crane v. HahloSupreme Court of the United States · 1922

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