Fisher v. Perkins
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT ÓE THE STATE OF KENTUCKY. This was a writ of error to the Superior Court, of the state of Kentucky for the review of á judgment of that court, and the defendant, although uniting with the plaintiff in submitting the case for hearing on its merits, moved to dismiss the wñt for want of jurisdiction, because the Superior Court is not the highest court of the state in which a decision in the suit can be had.
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ERROR TO THE SUPERIOR COURT ÓE THE STATE OF KENTUCKY. This was a writ of error to the Superior Court, of the state of Kentucky for the review of á judgment of that court, and the defendant, although uniting with the plaintiff in submitting the case for hearing on its merits, moved to dismiss the wñt for want of jurisdiction, because the Superior Court is not the highest court of the state in which a decision in the suit can be had. The record showed a suit by W. EL Perkins against James EL Fisher in- the Circuit Court of- Daviess County for the recovery of money and a judgment therein for…
1Opinion of the CourtChief Justice Waite
This court has no power to review any other judgments of the courts of a state than those of the highest court “ in which a decision in the suit could be had.” § 709, Bev. Stat. The Court of Appeals is the highest court of the state of Kentucky, and, consequently, until it has been made to appear affirmatively on the face of the record that a decision in this suit could not have been had in that court, we are not authorized to review the judgment of the Superior Court. Although the value in controversy is less than $1000, and the judgment of the inferior court was affirmed by the Superior…
2Cases cited4 opinions
- McComb v. CommissionersSupreme Court of the United States · 1875
- Gregory v. McVeighSupreme Court of the United States · 1875
- Davis v. CrouchSupreme Court of the United States · 1877
- Kimball v. EvansSupreme Court of the United States · 1876
3Cited by10 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Bergemann v. BackerSupreme Court of the United States · 1895
- Great Western Telegraph Co. v. BurnhamSupreme Court of the United States · 1896
- Bacon v. TexasSupreme Court of the United States · 1896
- Gorman v. Washington UniversitySupreme Court of the United States · 1942
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