In Re Woods

Supreme Court

In Re Woods

143 U.S. 202, 12 S. Ct. 417, 36 L. Ed. 125, 1892 U.S. LEXIS 2018

CourtSupreme Court of the United States

DecidedFebruary 29, 1892

StatusPublished

Cited by12 cases

This text of 143 U.S. 202 (In Re Woods) 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

In Re Woods, 143 U.S. 202, 12 S. Ct. 417, 36 L. Ed. 125, 1892 U.S. LEXIS 2018 (1892).

Pincite

Opinion

Me. Chief Justice Fullee

delivered the opinion of the court.

In Lau Ow Bew, Petitioner, 141 U. S. 583, it was held that the power of this court to require a case in which the judgment and decree of the Circuit Court of Appeals is made final, to be certified for review and determination, as if it had been brought here on appeal or writ' of error, could only be properly invoked under section six of the act of Congress entitled “ An act to establish Circuit Courts of Appeals and to define and regulate in certain cases' the jurisdiction of the courts of the United States, and for other purposes,” approved March 3, 1891, (26 Stat. 826, 828, c. 517,) when questions of gravity and importance were involved.

This must necessarily be so in any view, and especially • when it is considered that the Circuit Courts of Appeals were created for- the purpor 3 of relieving this court of the. oppres- *206 . sive burden of general litigation, which impeded the examination and disposition of cases of public concern, and delayed •suitors in the pursuit of justice.

But in the interest of jurisprudence and uniformity of decision, to use the language of the eminent jurist and statesman who had charge of the bill, provision was made under section six for such supervision on our part, as would tend to avert diversity of judgments and guard against inadvertence of conclusion in controversies involving weighty- and serious matters. _

In the matter of Lau Ow JBew, the construction of acts of Congress in the light of treaties with a foreign government,- and the status of domicil in respect of natives- of one country domiciled.in another, a matter of ■ international concern, were brought under consideration upon the record, and we were of opinion that the grounds of the application. were sufficient to call for our interposition.

But we do not regard the inquiry as to whether it was settled law in the State of Minnesota that a judgment of dismissal in a former suit, such as pleaded heré, was not a bar to a second suit upon the same cause of action, or whether the law in respect of recovery by a servant against his-master for injuries received in the course of his employment was properly- applied on the trial of this case, as falling within ■ the category of questions of such gravity and general importance as to require the review of the conclusions of the Circuit Court of Appeals in reference to them.

The writ of certiora/ri is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Me. Chief Justice Fullee

delivered the opinion of the court.

In Lau Ow Bew, Petitioner, 141 U. S. 583, it was held that the power of this court to require a case in which the judgment and decree of the Circuit Court of Appeals is made final, to be certified for review and determination, as if it had been brought here on appeal or writ' of error, could only be properly invoked under section six of the act of Congress entitled “ An act to establish Circuit Courts of Appeals and to define and regulate in certain cases' the jurisdiction of the courts of the United States, and for other purposes,” approved March 3, 1891, (26 Stat. 826, 828, c. 517,) when questions of gravity and importance were involved.

This must necessarily be so in any view, and especially • when it is considered that the Circuit Courts of Appeals were created for- the purpor 3 of relieving this court of the. oppres- *206 . sive burden of general litigation, which impeded the examination and disposition of cases of public concern, and delayed •suitors in the pursuit of justice.

But in the interest of jurisprudence and uniformity of decision, to use the language of the eminent jurist and statesman who had charge of the bill, provision was made under section six for such supervision on our part, as would tend to avert diversity of judgments and guard against inadvertence of conclusion in controversies involving weighty- and serious matters. _

In the matter of Lau Ow JBew, the construction of acts of Congress in the light of treaties with a foreign government,- and the status of domicil in respect of natives- of one country domiciled.in another, a matter of ■ international concern, were brought under consideration upon the record, and we were of opinion that the grounds of the application. were sufficient to call for our interposition.

But we do not regard the inquiry as to whether it was settled law in the State of Minnesota that a judgment of dismissal in a former suit, such as pleaded heré, was not a bar to a second suit upon the same cause of action, or whether the law in respect of recovery by a servant against his-master for injuries received in the course of his employment was properly- applied on the trial of this case, as falling within ■ the category of questions of such gravity and general importance as to require the review of the conclusions of the Circuit Court of Appeals in reference to them.

The writ of certiora/ri is denied.

Cite This Page — Counsel Stack

Bluebook (online)

143 U.S. 202, 12 S. Ct. 417, 36 L. Ed. 125, 1892 U.S. LEXIS 2018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-woods-scotus-1892.

Opinion

Related

Cite This Page — Counsel Stack