CRANE IRON COMPANY
v.
HOAGLAND; WURTS AND OTHERS V. SAME

U.S. | 1882-10-23
108 U.S. 5 Supreme Court of the United States (1882)
Also reported at: 27 L. Ed. 630 · 1 S. Ct. 17 · 1882 U.S. LEXIS 1271 · SCDB 1882-008
Cited by 2 cases

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Synopsis

The Supreme Court rejected motions to dismiss writs of error from New Jersey's Supreme Court in disputes involving Crane Iron Company and other parties, finding that the assignments of errors presented federal questions within the Court's jurisdiction. The Court deferred consideration of the substantive legal issues until the cases were fully briefed and ready for hearing on the merits.


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Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

These axe writs of error to the Supreme Court of New Jersey, and the motions to dismiss axe made because, as is. claimed, no federal question is involved. The records have not been printed, and on these motions we can look only to the statements of counsel as they appear in the briefs. The assignment of errors has been printed,in the brief for the defendants, and the second and fifth assignments clearly present questions of which we have jurisdiction. Whether the errors thus assigned appear in the records we cannot on these motions, as they are now presented, finally determine, but in the absence of any showing to the contrary we will presume they do. The motions to dismiss must therefore be overruled.

The questions involved are not of a character that we are inclined to consider on a motion to afiirm, especially before the record is printed.

It will be time enough to consider the objections to the assignment of errors when the eases come on for hearing.

The motions to advance the cases cannot be granted upon the showing made.

Motions denied.


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