Canter v. American & Ocean Insurance Co. of New York

27 U.S. 554, 2 Pet. 554

Opinion

Mr Chief Justice Mabshaul

delivered the opinión of the Court.

The motion made is, to dismiss this case for want of jurisdiction. But a motion to dismiss a suit, for want of jurisdiction, applies solely to cases where this Court has not jurisdiction of the cause, and not to cases where the circuit court has exceeded its proper powers in the particular case. In the present 'case, this Court has, certainly, jurisdiction to revise the decree complained of in the circuit court. Whether that decre,e was proper or not, after the mandate of this Court, is matter for discussion upon an argument upon the merits of that decree; but not on a motion like the present. . The motion is, therefore, overruled.