Semple v. Hagar
Supreme Court of the United States
Semple filed a bill against llagar in one of tlie State courts of California. The bill alleged that he, the complainant Semple, bad obtained a patent from tbe United States for a tract of land, based upon a Mexican grant for tbe same land, known as tbe “ Coins” grant; that tbe land so granted bad been surveyed by the United States, and included certain lands enumerated; that tbe defendants claimed part of tbe same land under a Mexican grant known as tbe “ Jimeno” grant, for…
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Semple filed a bill against llagar in one of tlie State courts of California. The bill alleged that he, the complainant Semple, bad obtained a patent from tbe United States for a tract of land, based upon a Mexican grant for tbe same land, known as tbe “ Coins” grant; that tbe land so granted bad been surveyed by the United States, and included certain lands enumerated; that tbe defendants claimed part of tbe same land under a Mexican grant known as tbe “ Jimeno” grant, for which a patent had also been issued by tbe United States to tbe defendants; that tbe surveys of tbe said grants…
1Opinion of the CourtJustice Grier
In all cases of a motion to dismiss the writ of error for want of jurisdiction, the court must necessarily examine the record to find the questions decided by the State court. But in many cases the question of jurisdiction is so involved with the other questions decided in the case, that this court cannot eliminate it without the examination of a voluminous record, and passing on the whole merits of the case. In such instances, the court will reserve the question of jurisdiction till the case is heard on the final argument on the merits.
In the case before us, the want of jurisdiction is…
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