Dudley v. Board of Com'rs

Eighth Circuit

Dudley v. Board of Com'rs

103 F. 209, 43 C.C.A. 184, 1900 U.S. App. LEXIS 3858

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 29, 1900

DocketNo. 1,398

StatusPublished

Cited by4 cases

This text of 103 F. 209 (Dudley v. Board of Com'rs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dudley v. Board of Com'rs, 103 F. 209, 43 C.C.A. 184, 1900 U.S. App. LEXIS 3858 (8th Cir. 1900).

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Opinion

SANBORN, Circuit Judge.

A motion is made to dismiss the writ of error in this case on the ground that this court is without jurisdiction to hear and determine the question it presents. In the court below, the jurisdiction of the circuit court was challenged, and was decided in favor of the defendant. As that disposed of the case, the plaintiff should have had the question of jurisdiction certified, and should have taken a writ of error directly to the supreme court. He had that right, and, as, he had the absolute right to a review of this question in the supreme court, he had no right to a review of it in this court. The motion to dismiss the writ is granted upon the authority of Evans-Snider-Buel Co. v. McCaskill (C. C. A.) 101 Fed. 658, and U. S. v. Jahn, 155 U. S. 109, 114, 15 Sup. Ct. 39, 39 L. Ed. 87.

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SANBORN, Circuit Judge.

A motion is made to dismiss the writ of error in this case on the ground that this court is without jurisdiction to hear and determine the question it presents. In the court below, the jurisdiction of the circuit court was challenged, and was decided in favor of the defendant. As that disposed of the case, the plaintiff should have had the question of jurisdiction certified, and should have taken a writ of error directly to the supreme court. He had that right, and, as, he had the absolute right to a review of this question in the supreme court, he had no right to a review of it in this court. The motion to dismiss the writ is granted upon the authority of Evans-Snider-Buel Co. v. McCaskill (C. C. A.) 101 Fed. 658, and U. S. v. Jahn, 155 U. S. 109, 114, 15 Sup. Ct. 39, 39 L. Ed. 87.

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Bluebook (online)

103 F. 209, 43 C.C.A. 184, 1900 U.S. App. LEXIS 3858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-v-board-of-comrs-ca8-1900.

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