Legal Opinion

Davis v. Crouch

Supreme Court of the United States

Decided October 15, 1876PublishedCited by 2 opinions

Error to the Supreme Court of Appeals of the State of Virginia. Hector Davis died during the late civil war, at Richmond, Va., leaving a will executed March 21,1859, as follows: — “ Richmond, March 21,1859. “ I, .Hector Davis, of city of Richmond, State of Virginia, do hereby make this my last will and testament: Item 1st, I give to my nieces, Jannie, Sally, and Bettie Davis, the sum of $15,000, to be equally divided between them.

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Error to the Supreme Court of Appeals of the State of Virginia. Hector Davis died during the late civil war, at Richmond, Va., leaving a will executed March 21,1859, as follows: — “ Richmond, March 21,1859. “ I, .Hector Davis, of city of Richmond, State of Virginia, do hereby make this my last will and testament: Item 1st, I give to my nieces, Jannie, Sally, and Bettie Davis, the sum of $15,000, to be equally divided between them. I give to a servant-woman, Ann, of mine, her freedom, to be removed out of the State, with her four children, Jannie, Audubon, and Victoria, and after their…

1Opinion of the Court

Mr. Chief Justice .Waite

delivered the opinion of the court.

Our jurisdiction upon writs of error to State courts is confined to the final judgment or decree in a suit in the highest court in which a decision in the suit can be had. Rev. Stat. 709. This, we think,' is not such a judgment. It decides some of the questions involved in the controversy between the parties, but the suit itself has been sent back to the Circuit Court for further proceedings, in conformity to the opinion filed with the record. In short, the judgment is one of reversal only, which, as we have uniformly held, is not a…

2Cases cited3 opinions

  1. Suydam v. WilliamsonSupreme Court of the United States · 1861
  2. McComb v. CommissionersSupreme Court of the United States · 1875
  3. Parcels v. JohnsonSupreme Court of the United States · 1874

3Cited by2 opinions

  1. Davis v. CrouchSupreme Court of the United States · 1877
  2. In re Estate of CarterVirginia Circuit Court · 2002

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