JAMES
v.
BANK

U.S. | 1868-12-01
7 Wall. 692 Supreme Court of the United States (1868) Positive Treatment
Also reported at: 19 L. Ed. 275 · 1868 U.S. LEXIS 1052 · SCDB 1868-088
Cited by 1 case
Opinion of the Court
The CHIEF JUSTICE

The CHIEF JUSTICE delivered the opinion of the court.

, The regular coúrse, in cases of this description, is to affirm the judgments. The appeal is regularly here, and cannot be dismissed-for want of jurisdiction. The motion, there-, fore, 'must be denied.

Counsel for the appellee has referred us to. an order dis-. missing a writ of error at the last term,- under eircúmstaiices, like those of the case before us. This order must have been entered through inadvertence,' and cannot bé drawn into á' precedent.

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  • Foote v. Kan. City Life Ins. Co., 92 F.2d 744 (5th Cir. 1937)
    …ncludes controversies to set aside a sheriff’s deed for fraud or mistake if other federal jurisdictional requisites are present, as in the case before us. Slater v. Maxwell, 6 Wall. (73 U.S.) 268, 18 L.Ed. 796; Cocks v. Izard, 7 Wall. (74 U.S.) 559, 19 L.Ed. 275. The evidence, in narrative form or otherwise, is not incorporated in the record ; but the material facts are fully stated in the findings made by the trial court. From these facts, the court below concluded as a matter of law that the sale was for…

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