CRARY
v.
DEVLIN

U.S. | 1876-02-21
No. 527
23 L. Ed. 510 Supreme Court of the United States (1876) Positive Treatment
Also reported at: 1876 U.S. LEXIS 1436 · SCDB 1875-214
Cited by 5 cases
Opinion of the Court
Mr. Chief Justice Waite

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

The motion to dismiss this cause is granted upon the authority of Mining Co. v. Boggs, 3 Wall. 304. There could have been no decision of the Court of Appeals against the validity of any statute of the United States, because it was found that the facts upon which the defendants below relied to bring their case within the statute in question did not exist. The - judgment did not deny the validity of the statute, but the existence of the facts necessary to bring the case within its operation. Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Cedar Rapids Gas Light Co. v. City of Cedar Rapids, 223 U.S. 655 (U.S. 1912)
  • Grayson v. Harris, 267 U.S. 352 (U.S. 1925)
    …a question of fact can not be made the subject of inquiry here. Telluride Power Co. v. Rio Grande, etc. Ry., 175 U. S. 639, 645; Illinois v. Economy Power Co., 234 U. S. 497, 523-524; Dower v. Richards, 151 U. S. 658, 668, et seq.; Crary v. Devlin, 154 U. S. 619; Egan v. Hart, 165 U. S. 188, 192; Carpenter v. Williams, 9 Wall. 785, 786. Nor meed we inquire into the defense of the statute of limitations. The decision now under - review entirely ignores it. The rule that, when the decision of a state court m…
  • The People of the State of Ill. v. Econ. Light & Power Co., 234 U.S. 497 (U.S. 1914)
    …f the State into the Union (on both questions see Willamette Iron Bridge Co. v. Hatch, 125 U. S. 1), the fact oí navigability having been decided against the State by the state court, there is no Federal [*524] right left to review. Crary v. Devlin, 154 U. S. 619; Cameron v. United States, 146 U. S. 533; Egan v. Hart, 165 U. S. 188. In the latter case it was decided that the question of navigability is purely one of fact. It is said, however, that by the acts of 1899, 1900 and 1902 Congress has taken jurisd…

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