NIMICK
v.
COLEMAN

U.S. | 1877-10-01
95 U.S. 266 Supreme Court of the United States (1877) Positive Treatment
Also reported at: 24 L. Ed. 447 · SCDB 1877-055 · 1877 U.S. LEXIS 2164
Cited by 2 cases

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Synopsis

The Supreme Court dismissed an appeal from a Circuit Court decision that had proceeded under its supervisory jurisdiction rather than appellate jurisdiction over a District Court order. The Court held that no appeal lies to the Supreme Court from a Circuit Court's action taken under supervisory jurisdiction alone, following the principle established in Stickney v. Wilt, and left open whether aggrieved parties might pursue equitable remedies to challenge the District Court's decree.

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Opinion of the Court
Mr. Chief, Justice Waite

Mr. Chief, Justice Waite delivered the opinion of the court.

We think the motion to dismiss in this case must be granted. The record shows affirmatively that the Circuit Court refused to take jurisdiction upóu the appeal, and did proceed under its supervisory jurisdiction alone. The case is thus brought directly within our decision in Stickney v. Wilt, 23 Wall. 150; and, as the order of the District Court has-been affirmed, we are not called upon to determine whether we should set aside the action of the Circuit Court for Avant of jurisdiction, as Ave did in that c.ase, because there Avas a reversal. If, as is claimed, the District Court acted without-jurisdiction, or in a manner not to bind the parties, its decree as made Avas void; and the aggrieved partnership creditors may very properly consider whether they cannot proceed' in equity to call the trustees to a proper accounting and distribution. Upon that question, hoAvever, Ave express no opinion. We are clear that no’appeal lies to this court from the action of the Circuit Court in respect to what has been done : and the' suit is accordingly . • Dismissed.

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Citator

Cited By

  • Merchs'. Bank of Pittsburgh v. Slagle, 106 U.S. 558 (U.S. 1882)
    …he action of the District Court affirmed. From that order an appeal was taken to this court, which was dismissed on the ground that, being a proceeding under the supervisory power of the Circuit Court, it was not reviewable here. Nimick v. Coleman, 95 U. S. 266. In that case it was urged that the District Court, in assuming to control the trustees in the distribution of the fund in their hands, acted without jurisdiction, and that its order was void ; to which this court responded by saying: “ If, as is c…

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