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Davis & Rankin Building & Manufacturing Co. v. Barber

Davis and Rankin Building and Manufacturing Company v. Barber

Davis & Rankin Bldg. & Mfg. Co. v. Barber, 157 U.S. 673 (1895)
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Court
Supreme Court of the United States
Decided
April 8, 1895
Docket
No. 818
Judges
The Chief Justice:
Citations
157 U.S. 67315 S. Ct. 71939 L. Ed. 8531895 U.S. LEXIS 2219
Syllabus
On the authority of Maynard v. Hecht, 151 U. S. 324, and Colvin v. Jacksonville, 157 U. S. 368, this case is dismissed for want of a certificate from the Circuit Court certifying the question of its jurisdiction for decision, here.
Summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. Motion to dismiss. The case is stated in the opinion.

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

Opinion

The Chief Justice:

This was an action brought against certain subscribers to a contract to recover damages for its breach. Defendants demurred upon the grounds that the. court had no jurisdiction over the subject-matter of-the action, and that the complaint did not state facts sufficient to constitute a cause of action against them. The demurrers were sustained and judgment rendered .in favor of defendants on June 28, 1892. The writ of error from this court was sued *674 out February 16, 1894. It does not appear by the record, but is conceded by counsel, that a writ of error was taken to the Circuit Court of Appeals for the Seventh Circuit, and dismissed for want of jurisdiction. 60 Fed. Rep. 465. The jurisdiction of this court is invoked upon the ground that the only question in the case was as to the jurisdiction of the Circuit Court, but that question was not certified to this court by the Circuit Court for decision, and the writ of error must be dismissed upon the authority of Maynard v. Hecht, 151 U. S. 324 ;

Colvin v. Jacksonville, ante, 368; and cases cited.

Writ of error dismissed.

How later courts describe this case

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

1896: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. Chappell v. United States160 U.S. 499 (1896)

Most recent

  1. Chappell v. United States160 U.S. 499 (1896)

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
Maynard v. Hecht, 151 U.S. 324 (1894) 33

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