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Randall v. Board of Comm'rs of Tippecanoe Cty.

Randall Et Al. v. Board of Commissioners of Tippecanoe County, Indiana

Randall v. Bd. of Comm'rs of Tippecanoe Cty., 261 U.S. 252 (1923)
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Court
Supreme Court of the United States
Decided
February 19, 1923
Docket
No. 274
Judges
Sutherland
Citations
261 U.S. 25243 S. Ct. 25267 L. Ed. 6371923 U.S. LEXIS 2548

Opinion — Sutherland

Memorandum opinion by Mr. Justice Sutherland.

■ This is a writ of error to the Supreme Court of Indiana, when, clearly, it should have been to the State Appellate Court.

The action was brought in the Superior Court for Tippecanoe County. A demurrer to the complaint was sustained. An appeal was allowed to the Supreme Court < but that court, of its own motion, entered an order trans-' ferring the cause to the Appellate Court, for want of jurisdiction. The Appellate Court thereupon took the case, received the briefs of counsel, heard oral arguments .and affirmed the judgment of the trial court. A petition for rehearing was submitted and denied. Plaintiffs in errop then applied to the Supreme Court for an order to vacate its former order of transfer, or, in the alternative, for a writ of error coram nobis, which the Supreme Court denied.

It therefore appears that the Supreme Court refused to take the cáse on appeal' for want of jurisdiction, and the judgment of the highest-court of the State in which a deci *253 sion in the suit could be had, Judicial Code, § 237, is that of the Appellate Court to which the writ should have been directed.

The writ of error must, therefore, be dismissed on the authority of Western Union Telegraph Co.

v. Hughes, 203 U. S. 505 ;

Lane v. Wallace, 131 U. S. Appendix CCXIX;

Norfolk & Suburban Turnpike Co.

v. Virginia, 225 U. S. 264, 269 ;

Second National Bank v. First National Bank, 242 U. S. 600 ;

Prudential Insurance Co.

v. Cheek, 259 U. S. 530 .

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1925: 11931: 11932: 11934: 11936: 11937: 11939: 11940: 11941: 11950: 21998: 12006: 119252026peak 1950 · 2

Relies on it most ⓘ

  1. Sims v. Town of New Chicago842 N.E.2d 830 (Ind. Ct. App. 2006)
  2. Aetna Life Insurance v. Dunken266 U.S. 389 (1925)
  3. Nord v. Griffin86 F.2d 481 (7th Cir. 1936)
  4. Miles Laboratories, Inc. v. Seignious30 F. Supp. 549 (E.D.S.C. 1939)
  5. Station WBT, Inc. v. Poulnot46 F.2d 671 (E.D.S.C. 1931)
  6. Nutt v. Ellerbe56 F.2d 1058 (E.D.S.C. 1932)

Most recent

  1. Sims v. Town of New Chicago842 N.E.2d 830 (Ind. Ct. App. 2006)
  2. Lien v. H.E.R.C. Products, Inc.8 F. Supp. 2d 531 (E.D. Va. 1998)
  3. Minor v. City of Keokuk, Iowa92 F. Supp. 833 (S.D. Iowa 1950)
  4. Southern Ry. Co. v. Alabama Public Service Commission91 F. Supp. 980 (M.D. Ala. 1950)
  5. Missouri-Kansas-Texas R. v. Williamson36 F. Supp. 607 (W.D. Okla. 1941)
  6. Hilliker v. Grand Lodge, K. P.112 F.2d 382 (6th Cir. 1940)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Prudential Ins. Co. of Am. v. Cheek, 259 U.S. 530 (1922) 79
Norfolk & Suburban Tpk. R. Co. v. Virginia, 225 U.S. 264 (1912) 19
Second Nat'l Bank v. First Nat'l Bank, 242 U.S. 600 (1917) 6
Western Union Tel. Co. v. Hughes, 203 U.S. 505 (1906) 1

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