HAZLEHURST ET AL.
v.
UNITED STATES

U.S. | 1799-08-01
4 Dall. 6 Supreme Court of the United States (1799) Positive Treatment
Also reported at: 1 L. Ed. 717 · SCDB 1799-006 · 1799 U.S. LEXIS 244
Cited by 3 cases
Opinion of the Court

In error from the Circuit Court for the district of South Carolina. A rule had been obtained by Lee, the Attorney-General, at the opening of the court, that the plaintiffs appear and prosecute their writ of error within the term, or suffer a nonpros.: but it was found, that errors had been assigned in the court below, and *a joinder in error entered here. The rule was, therefore, changed to the following : “ that unless the plaintiffs in.error appear and argue the errors to-morrow, a non-pros, be entered.” The plaintiffs not appearing, the writ of error was non-prossed, according to the rule. 7]

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  • Lindahl v. Off. OF Pers. Mgmt., 718 F.2d 391 (Fed. Cir. 1983)
    …lliott, Debates, 565. Early on, the Supreme Court held that inferior federal courts received no powers directly from the Constitution, but only such authority as may be vested in them by Congress, Turner v. Bank of North-America, 4 U.S. (4 Dall. 7), 1 L.Ed. 717 (1799); Mclntire v. Wood, 11 U.S. (7 Cranch 503), 3 L.Ed. 420 (1813); Kendall v. United States, 37 U.S. (12 Pet. 524), 9 L.Ed. 1181 (1838); Caryv. Curtis, 44 U.S. (3 How. 236), 11 L.Ed. 576 (1845), and that for jurisdiction to exist the Constitution…
  • Cole v. Blankenship, 30 F.2d 211 (4th Cir. 1929)
    …al jurisdiction of any sovereign state. They are designated by the Constitution itself as inferior courts, and their jurisdiction must not only be based upon statutory authority, but must be averred in the pleadings. Turner v. Bank of North America, 4 Dall. 6,1 L. Ed. 718. It was held, however, in the early case of Skillern’s Executors v. May’s Executors (1810) 6 Cranch, 267, 3 L. Ed. 220, that where the merits of the cause had been finally decided by the Supreme Court, and its mandate returned to- the…

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