HALL NEILSON, PLAINTIFF IN ERROR,
v.
WILSON LAGOW
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Hall Neilson sought to overturn a state court decision that rejected his claim to disputed land based on authority allegedly exercised by the Secretary of the Treasury on behalf of the United States. The Supreme Court overruled a motion to dismiss and held that it had jurisdiction over the case under the twenty-fifth section of the Judiciary Act of 1789, leaving the merits of Neilson's title claim to be decided on further hearing.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Mr. Chief Justice TANEY delivered the opinion of the court.
It appears, that, at the trial in the State court, the plaintiff in error claimed the land in dispute under au authority which he alleged had been exercised by the 'Secretary of the Treasury in behalf of the United States; and the decision was against the validity of the authority thus alleged to have been exercised. Whether the title, of the plaintiff in error can be maintained under it, or not, will be the subject of inquiry when the case is heard on its merits. That question is not now before the court, and the only point tó be determined at this time is, whether we have jurisdiction to try and decide it. We think it is:evidently one of the cases prescribed for in the twenty-fifth section of the act of 1789 ; and the motion to dismiss is therefore overruled.
Order. .
On.consideration of the motion made in this cause on ¿ prior day of the present term, to wit, on Friday, the 2d instant, to dismiss the writ of error, and of the arguménts of counsel-thereupon had, as well against as in support of the motion, it is now here ordered by the court, that the said motion be, and . the same is hereby, overruled.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bashlor v. Wainwright, 189 So. 2d 800 (Fla. 1966)…vidence at trial over the objection of his attorneys. The practice and law of this State on the admission into evidence of extra-judicial confessions seems to meet the federal standard as established in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed. 908 (1964). Petitioner states the admission of the confession into evidence was objected to and we presume the applicable law was followed by the trial judge making an independent determination of the voluntariness of the confession in the absence of th…
-
JOY v. City of ST. Louis, 201 U.S. 332 (U.S. 1906)
-
United States ex rel. George Hetenyi v. Wilkins, 348 F.2d 844 (2d Cir. 1965)…ed, without giving any consideration to the fact that the accused was also charged with first degree murder, that the state had proved the elements of second degree murder beyond a reasonable doubt. Cf. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed. 908 (1964). The point is not that the other explanations are more probable, but merely that they are possible and that they are within the realm of reason rather than fantasy. Although some of the other explanations, such as the jury compromising its…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence