Houston v. Moore

(Practice.) Houston v. Moore fha court has no' jurisdiction under the 25th section of the judiciary sett' of 1789, cb. 20; linio» the judgment, or decree, óf th* etatecourt.be ■¿final judgment or decree. A judgment reversing that of jan inferió* Court, and awarding a vtnirk facias de stove is not a final'judgment.’ Error to the supreme court of the state of Pennsylvania. This was an action of trespass, brought by the pláihtiff in error against the defendant in error, for. levyikg a fine ordered to be collected by' the, sentence' 6t a court martial, under an act of the legislature of the state of Pennsylvania¿ which was- alleged t<5; be repugnant to the constitution and laws of the United States. The suit was.commenced in the court of, common pleas for the county of Lancaster,'in which court a trial was had, and the jury, under the charge of the court, found a verdict for the plaintiffjfbn which judgment was rendered.’ The cause was carried <o supreme court of the state of Pennsylvania, by writ of error, where the judgment of the court of common pleas was reversed, and the cause remanded to that (Court, with directions to award a venire' facias de mito. The plaintiff then sued out of a writ of “error, to bring the-cause to this court. Feb. 28th. Ms. C, J. Ingerspll moved to dismiss the writ of error, as having-been improvider.Uy issued under the 25th section of the judiciary act, c;h..2Q. the decision of the state court, not being a “final judgment” in the cause— Mr. Hopkins, contra. [MAJORITY — Mr. OB. Marshall] Mr. OB. Marshall tíenrered thebpinion of tlie ■ ebttrt. The appellate jurisdiction of this, court, under the 25th section of the judiciary act, ch. 20. extends only, to final j udgment or decree of the highest courts Ojf law oí equity in the cases specified. This is nut a |jaal judgment of the supreme court of Pennsylvania. ' ’íhe cause-may yét be finally determined in favour of the plain# Sn the state, court; Writ of error xP . issed. . Jun.GMEN*. This cause came on to Be Beard on th? -transcript of the record of the supreme court of the commonwealth of Pennsylvania, for'the Lancaster district. OnNxáminatíon Whereof, it is adjudged! aiid Ordered, that the writ of error in this cause be and the same, is hereby dismissed, this- court not hawing jurisdiction in said causs, there not having been a final judgment in said suit, in the said supreme court of the commonwealth of Pennsylvania. Costs, are not given wher e the writ of error is dismissed ' for want of jurisdiction. Inglee v. Coolidge, ante, vol. II. p. 368.