NATHANIEL WILLIAMS, AS PERMANENT TRUSTEE FOR THE CREDITORS OF JOHN GOODING, AN INSOLVENT DEBTOR,
v.
CHARLES OLIVER, ROBERT M. GIBBES, AND THOMAS OLIVER, EXECUTORS OF ROBERT OLIVER, AND JOHN GLENN AND DAVID M. PERRINE, TRUSTEES
NATHANIEL WILLIAMS, AS PERMANENT TRUSTEE FOR THE CREDITORS OF JOHN GOODING, AN INSOLVENT DEBTOR,
CHARLES OLIVER, ROBERT M. GIBBES, AND THOMAS OLIVER, EXECUTORS OF ROBERT OLIVER, AND JOHN GLENN AND DAVID M. PERRINE, TRUSTEES
12 How. 125
Supreme Court of the United States (1851)
Positive Treatment
Also reported at: 13 L. Ed. 921 · 1851 U.S. LEXIS 642 · SCDB 1851-011
Cited by 4 cases
Opinion of the Court
Mr. Justice NELSON delivered the opinion of the court.
This case involves the same principles as the case of Wil.liams, permanent Trustee of James Williams, already decided; and we refer to the opinion there delivered for our decision in this case.
The case is dismissed for want of jurisdiction.
Order. This cause came on to be heard on-the transcript of the record from the Court of Appeals of the State of Maryland for the Western Shore, and was argued by counsel.- On consideration whereof, it is now here ordered and adjudged by this court, that this cause be, and the same is hereby, dismissed, for the want of jurisdiction.
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Citizens' Bank v. Bd. of Liquidation, 98 U.S. 140 (U.S. 1878)…give us jurisdiction under sect. 709, Rev. Stat., it is not only necessary that some one of the questions mentioned in the section should exist on the record, but that the decision was controlling in the disposition of the cause. Williams v. Oliver, 12 How. 125 ; Klinger v. State of Missouri, 13 Wall. 257. As the State court has decided as a question of State law that even if the guaranties of the bond are valid obligations of the State, they are not fundable under the act, it matters not in [*142] this su…
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