Bell's Gap Railroad v. Pennsylvania
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. MotxoNS : (1) To revoke the allocatur and quash the writ of error; (2) To dismiss for want of‘ jurisdiction; (3) To affirm the judgment below. The case is stated in the opinion.
1Opinion of the CourtJustice Bradley
Motion is made in this case to revoke the allocatur of the writ of error, and to quash the writ, and, in the alternative, to affirm the judgment. The first motion is based on the assumption that the writ was improperly allowed by the judge, and questions the propriety of his action. It is probable that the counsel who makes the motion does not intend it in that sense, but is merely unfamiliar with the practice of this court, by which the ordinary proceeding to vacate a writ of error is a motion to dismiss it.
In the present case we think that the writ was demandable, and cannot be dismissed,…
2Cases cited7 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
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3Cited by449 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
- Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
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