NORTHWESTERN UNION PACKET CO.
v.
HOME INSURANCE CO.

U.S. | 1872-01-29
No. 467
20 L. Ed. 463 Supreme Court of the United States (1872) Positive Treatment
Also reported at: 1872 U.S. LEXIS 1219 · SCDB 1871-185
Cited by 9 cases
Opinion of the Court
Mr. Chief Justice Chase

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

,On looking at the record we find no allowance of a writ of error, either by a 'justice of this court or by a judge of the state court. We have repeatedly decided that such an allowance was necessary, upon a writ of error addressed to the highest court of the State, by which the judgment or decree could be rendered. Callan v. May, 2 Black, 541, 543; Twitchell v. The Commonwealth, 7 Wall. 321; Gleason v. Florida, 9 Wall. 779. The case of Davidson v. Lanier, 4 Wall. 447, 453, referred to by counsel for the plaintiff in error, was a writ of error addressed to an inferior court of the United States, and is therefore inapplicable.

The writ before us must be Dismissed.

The above was rescinded May 6, 1872, and writ of certiorari granted. The case was afterwards decided at December term, 1872, as No. 228. Argued and submitted and affirmed' April 18, 1873.

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Citator

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  • Dubuisson v. Simmons, 157 Fla. 473 (Fla. 1946)
    …ivate rights were affected by it, of the time when it terminated, and we are of the opinion that Congress did not intend that the limitation in this Act should begin to run until this was done.” See also Freeborn et al. v. The Ship Protector, etc., 20 L. Ed. 463, 12 Wallace 700; Kahn v. Anderson, 65 L. Ed. 469, 41 S. Ct. 224, 255 U.S. 1. It is a matter of common knowledge of which all courts may take judicial cognizance that at the time Chapter 22432, supra, was enacted a state of war existed between this…
  • Citizens Protective League v. Clark (D.D.C. 1946)
    …774. Id. California Water Service v. Redding, 1938, 304 U.S. 252,,58 S.Ct. 865, 82 L.Ed. 1323; Jameson & Co. v. Morgenthau, 1939, 307 U.S. 171, 59 S.Ct. 804, 83 L.Ed. 1189. 55 Stat. 861, 18 U.S.C.A. § 198 note. The Protector, 1872, 12 Wall. 700, 20 L.Ed. 463; McElrath v. United States, 1880, 102 U.S. 426, 26 L.Ed. 189; Hijo v. United States, 1904, 194 U.S. 315, 24 S.Ct. 727, 48 L.Ed. 994; Kahn v. Anderson, 1921, 255 U.S. 1, 41 S.Ct. 224, 65 L.Ed. 469. 55 Stat. 796, 50 U.S.C.A.Appendix note preceding se…
  • Sevilla v. Elizalde, 112 F.2d 29 (D.C. Cir. 1940)
    …7 Fed.Cas. 284, 288, No. 15,941: “The condition of peace or war, public or civil, in a legal sense, must be determined by the political department, not the judicial. The latter is bound by the decision thus made.” The Protector, 1871, 12 Wall. 700. 20 L.Ed. 463. The Chinese Exclusion Case, 1889, 130 U.S. 581, 9 S.Ct. 623, 32 L.Ed. 1068; The Japanese Immigrant Case, 1903, 189 U.S. 86, 23 S.Ct. 611, 47 L.Ed. 721; Nishimura Ekiu v. United States, 1892, 142 U.S. 651, 660, 12 S.Ct. 33G, 35 L.Ed. 1146: The powe…

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