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Hoover v. Hanna

Hoover v. Hanna, 3 Blackf. 48 (1832)
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Court
Indiana Supreme Court · State Highest Courts
Decided
May 31, 1832
Judges
Stevens
Citations
3 Blackf. 481832 Ind. LEXIS 15
Headnotes
The Circuit Court cannot take cognizance of a matter of controversy or suit, unless the same be brought before it by process of law or other legal proceedings.
Summary
ERROR to the Wayne Circuit Court. This suit wascommenced by the appearance of Hoover and Hanna, in the Circuit Court, and their filing an agreement entered into by them, relative to certain facts connected with their respective claims to the office of clerk of the Circuit Court in Wayne county. The agreement concludes with praying the Court to determine which of the parties was entitled to the office. The Circuit Court, thereupon, gave judgment in favour of Hanna.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stevens

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Stevens, J.

The opinion of the Circuit Court in this case must be reversed; the Circuit Court having no jurisdiction, as a judicial Court, of any matter of controversy or suit, unless it be brought before the Court by regular process of law, or other regular legal proceedings known to the law. Dewhurst v. Coulthard, 3 Dall. 409 . This case was not so brought before the Court.

Per Curiam.

Thejudgment is reversed. - To be certified, &c.

How later courts describe this case

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

1848–1849: 11896–1897: 118482026peak 1848 · 1

Relies on it most ⓘ

  1. Fesler v. Brayton32 L.R.A. 578 (Ind. 1896)
  2. Brewington v. Lowe1 Ind. 21 (1848)

Most recent

  1. Fesler v. Brayton32 L.R.A. 578 (Ind. 1896)
  2. Brewington v. Lowe1 Ind. 21 (1848)

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 1

DepthCaseCited by
Dewhurst v. Coulthard, 3 U.S. (3 Dall.) 409 (1799) 1

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