City of Paducah v. Hast Tennessee Telephone Co.

Sixth Circuit

City of Paducah v. Hast Tennessee Telephone Co.

182 F. 625

Court of Appeals for the Sixth Circuit·Decided November 17, 1910·No. No. 2,028·Published·Cited by 1 cases

Opinion

PER CURIAM.

In this case the jurisdiction of the Circuit Court, the parties being citizens of the same state, depended entirely upon the question whether a law of the state of Kentucky was in contravention of section 10 of article 1 of the Constitution of the United States forbidding the impairment of the obligations of contracts by state legislation, and of section 1 of the fourteenth améndment thereof, forbidding legislation by any state which shall deprive any person of property without due process of law. All other questions involved were such as concerned the merits. In such cases an appeal lies only to the Supreme Court of the United States, as prescribed by section 5 of the act creating the Circuit Court of Appeals (Act March 2, 1891, c. 501, 26 Stat. 826). Union & Planters’ Bank v. Memphis, 189 U. S. 71, 23 Sup. Ct. 604, 47 L. Ed. 712; McFadden v. United States, 213 U. S. 288, 29 Sup. Ct. 490, 53 U. Ed. 801; Owensboro v. Owensboro Waterworks, 115 Fed. 318, 53 C. C. A. 146.

The appeal must be dismissed.

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PER CURIAM.

In this case the jurisdiction of the Circuit Court, the parties being citizens of the same state, depended entirely upon the question whether a law of the state of Kentucky was in contravention of section 10 of article 1 of the Constitution of the United States forbidding the impairment of the obligations of contracts by state legislation, and of section 1 of the fourteenth améndment thereof, forbidding legislation by any state which shall deprive any person of property without due process of law. All other questions involved were such as concerned the merits. In such cases an appeal lies only to the Supreme Court of the United States, as prescribed by section 5 of the act creating the Circuit Court of Appeals (Act March 2, 1891, c. 501, 26 Stat. 826). Union & Planters’ Bank v. Memphis, 189 U. S. 71, 23 Sup. Ct. 604, 47 L. Ed. 712; McFadden v. United States, 213 U. S. 288, 29 Sup. Ct. 490, 53 U. Ed. 801; Owensboro v. Owensboro Waterworks, 115 Fed. 318, 53 C. C. A. 146.

The appeal must be dismissed.

City of Paducah v. Hast Tennessee Telephone Co., 182 F. 625 (6th Cir. 1910).

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Opinion

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