Cervantes v. United States

Supreme Court

Cervantes v. United States

57 U.S. 619, 14 L. Ed. 1083, 16 How. 619, 1850 U.S. LEXIS 1573

DecidedMay 24, 1854

StatusPublished

This text of 57 U.S. 619 (Cervantes v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cervantes v. United States, 57 U.S. 619, 14 L. Ed. 1083, 16 How. 619, 1850 U.S. LEXIS 1573 (1854).

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Opinion

Mr. Justice McLEAN

delivered the following opinion of the court.

It does not appear, from the proceedings before the District Court, that the land claimed is within the Northern Judicial District of California. This .is necessary to give that court jurisdiction. It can exercise no power over any claim, where the land lies in the Southern Judicial District of the same State. ,

This coúrt has often held, unless the jurisdiction of the Circuit or District Court appear in the record, the judgment of such court may be reversed on a writ of error. It is therefore important, that in dealing with land titles, the jurisdiction of the inferior court should appear in the proceeding.

From a map of the State of California, recently published, it appears the land claimed in this case lies in the Southern District, and if so, no jurisdiction attached to the court where the proceeding was Instituted.

■ For the»purpose of correcting the proceeding in this respect, the decision of the District Court is reversed, and the cause is remanded to that court with leave to amend the proceeding in regard to the jurisdiction of the District Court, and to any other matter of form or substance which may be necessary.

Order.

This cause came to b^ heard on the transcript of the record from the District Court of the United States • for the Northern District of California, and it not appearing therefrom that the *622 land claimed is within the Northern Judicial District of California, it is, on consideration thereof now here ordered and decreed by this court that the decree of the said District Court in this cause be, and the same is hereby reversed, and that this cause be, and the same is hereby remanded to the said District Court, with leave to amend the proceedings in regard to the jurisdiction of the said District Court, and also in regard to any other matter of form or substance which may be necessary.

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Mr. Justice McLEAN

delivered the following opinion of the court.

It does not appear, from the proceedings before the District Court, that the land claimed is within the Northern Judicial District of California. This .is necessary to give that court jurisdiction. It can exercise no power over any claim, where the land lies in the Southern Judicial District of the same State. ,

This coúrt has often held, unless the jurisdiction of the Circuit or District Court appear in the record, the judgment of such court may be reversed on a writ of error. It is therefore important, that in dealing with land titles, the jurisdiction of the inferior court should appear in the proceeding.

From a map of the State of California, recently published, it appears the land claimed in this case lies in the Southern District, and if so, no jurisdiction attached to the court where the proceeding was Instituted.

■ For the»purpose of correcting the proceeding in this respect, the decision of the District Court is reversed, and the cause is remanded to that court with leave to amend the proceeding in regard to the jurisdiction of the District Court, and to any other matter of form or substance which may be necessary.

Order.

This cause came to b^ heard on the transcript of the record from the District Court of the United States • for the Northern District of California, and it not appearing therefrom that the *622 land claimed is within the Northern Judicial District of California, it is, on consideration thereof now here ordered and decreed by this court that the decree of the said District Court in this cause be, and the same is hereby reversed, and that this cause be, and the same is hereby remanded to the said District Court, with leave to amend the proceedings in regard to the jurisdiction of the said District Court, and also in regard to any other matter of form or substance which may be necessary.

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Bluebook (online)

57 U.S. 619, 14 L. Ed. 1083, 16 How. 619, 1850 U.S. LEXIS 1573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cervantes-v-united-states-scotus-1854.