Moore v. Robbins

Supreme Court

Moore v. Robbins

85 U.S. 588, 21 L. Ed. 758, 18 Wall. 588, 1873 U.S. LEXIS 1331

CourtSupreme Court of the United States

DecidedOctober 27, 1873

StatusPublished

Cited by10 cases

This text of 85 U.S. 588 (Moore v. Robbins) 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

Moore v. Robbins, 85 U.S. 588, 21 L. Ed. 758, 18 Wall. 588, 1873 U.S. LEXIS 1331 (1873).

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Opinion

Mr. Justice SWAYNE

stated the case, and delivered the opinion of the court.

The suit was a bill in, equity, filed by Robbins in the Circuit Court of De Witt County to foreclose a mortgage. That court decreed in favor of complainant. The defendants removed the case by appeal to the Supreme Court of the State. There the decree of the lower court was reversed and the case was “ remanded to the Circuit Court for such other and further proceedings as to law and justice shall appertain.” The ground of reversal does not appear in the record. A rehearing was applied for by the defendants and granted by the court. The case was reheard and the former decree was affirmed. The defendants thereupon prosecuted this writ and are the plaintiffs in error in this court..

Both the Judiciary Act of 1789, * and the amendatory act of 1867, † limit the jurisdiction of this court in this class of cases to final-judgments and decrees. .The decree of the Supreme Court of Illinois before us is not of that character. ‡

Writ dismissed.

*

Section 25, 1 Stat. at Large, 85.

†

14 Id. 585.

‡

Brown v. The Union Bank of Florida, 4 Howard, 465; Pepper et al. v. Dunlap et al., 5 Id. 51; Tracy v. Holcombe, 24 Id. 426.

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Mr. Justice SWAYNE

stated the case, and delivered the opinion of the court.

The suit was a bill in, equity, filed by Robbins in the Circuit Court of De Witt County to foreclose a mortgage. That court decreed in favor of complainant. The defendants removed the case by appeal to the Supreme Court of the State. There the decree of the lower court was reversed and the case was “ remanded to the Circuit Court for such other and further proceedings as to law and justice shall appertain.” The ground of reversal does not appear in the record. A rehearing was applied for by the defendants and granted by the court. The case was reheard and the former decree was affirmed. The defendants thereupon prosecuted this writ and are the plaintiffs in error in this court..

Both the Judiciary Act of 1789, * and the amendatory act of 1867, † limit the jurisdiction of this court in this class of cases to final-judgments and decrees. .The decree of the Supreme Court of Illinois before us is not of that character. ‡

Writ dismissed.

*

Section 25, 1 Stat. at Large, 85.

†

14 Id. 585.

‡

Brown v. The Union Bank of Florida, 4 Howard, 465; Pepper et al. v. Dunlap et al., 5 Id. 51; Tracy v. Holcombe, 24 Id. 426.

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Bluebook (online)

85 U.S. 588, 21 L. Ed. 758, 18 Wall. 588, 1873 U.S. LEXIS 1331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-robbins-scotus-1873.

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