WELLS
v.
MCGREGOR

U.S. | 1871-12-01
13 Wall. 188 Supreme Court of the United States (1871) Positive Treatment
Also reported at: 20 L. Ed. 538 · 1871 U.S. LEXIS 1329 · SCDB 1871-082
Cited by 6 cases
Opinion of the Court
The CHIEF JUSTICE:

The CHIEF JUSTICE:

We have often held that such orders as that which the Supreme Court of the Territory of Montana affirmed, are within the discretion of the inferior coui’t. They are not final judgments, within the meaning of the Judiciary Act of 1789.† Of course they are not within the meaning of the 9th section of the organic act of the Territory.‡ It appears also that the writ of error bears the teste of the clerk of the Supreme Court of the Territory of Montana, and not the teste of the Chief Justice of this court. But the statute makes teste of the Chief Justice indispensable,* and we have no power to change its requirements.

On both grounds, therefore, the writ of error must be

Dismissed.

†

Cook v. Burnley, 11 Wallace, 676 Phillips’s Practice, 66.

‡

13 Stat. at Large, 89.

*

Footnotes
1 Stat. at Large, 93.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Glinski v. United States, 93 F.2d 418 (7th Cir. 1937)
    …Smith, 16 Pet. (41 U.S.) 303, 10 L.Ed. 973; Evans v. Gee, 14 Pet. (39 U.S.) 1, 10 L.Ed. 327; 2 American Jurisprudence, page 913. An order denying motion to quash service of fieri facias is not appealable. Wells, F. & Co. v. McGregor, 13 Wall. 188, 20 L.Ed. 538; Cole v. Rustgard (C.C.A.) 68 F.(2d) 316. An order denying a motion to vacate a judgment is likewise not ordinarily appealable. Smith v. U. S. ex rel. Gorlo (C.C.A.) 52 F.(2d) 848; 2 Am.Juris, page 904; Republic Supply Co. v. Richfield Oil Co. (C.C…
  • Buick v. United States, 396 F.2d 912 (9th Cir. 1968)
    …rest we have not given consideration to the rule relaxing search and seizure requirements in the case of automobiles. The latter rule was recently restated by the Supreme Court in Dyke v. Taylor Implement Mfg. Co., Inc., 391 U.S. 216, 88 S.Ct. 1472, 20 L.Ed. 538, decided May 20, 1968, as follows: “Automobiles, because of their mobility, may be searched without a warrant upon facts not justifying a warrantless search of a residence or office. Brinegar v. United States, 338 U.S. 160 [69 S.Ct. 1302, 93 L.Ed.…
  • Germain v. Mason, 20 L. Ed. 689 (U.S. 1872)
    …Mr. Chief Justice Chase delivered the opinion of the court. The writ of error in this case, as in the case of Wells v. McGregor, 13 Wall. 188, decided at this term, bears the test of the clerk of the Supreme Court of the Territory of Montana and not the test of the Chief Justice of this court. It must therefore be dismissed.…

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