Pennywit v. Eaton

Supreme Court

Pennywit v. Eaton

82 U.S. 380, 21 L. Ed. 72, 15 Wall. 380, 1872 U.S. LEXIS 1261

CourtSupreme Court of the United States

DecidedDecember 16, 1872

StatusPublished

Cited by1 cases

This text of 82 U.S. 380 (Pennywit v. Eaton) 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

Pennywit v. Eaton, 82 U.S. 380, 21 L. Ed. 72, 15 Wall. 380, 1872 U.S. LEXIS 1261 (1872).

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Opinion

The CHIEF JUSTICE:

The Pulaski County Court was requested to hold, that if it appeared from the evidence that the judge who presided in the court at New Orleans and rendered the judgment there, held his office by appointment frojn a military governor of the State of Louisiana, and under no other authority, the judgment was void. This raised, though somewhat obscurely, the question whether the court so held had any jurisdiction under the Constitution of the United States, and the question was decided against the privilege claimed under the Constitution by the defendants.

We cannot, therefore, dismiss the case for want of jurisdiction, although we may have a very clear conviction that the decision of the State court was correct.

Motion denied.

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The CHIEF JUSTICE:

The Pulaski County Court was requested to hold, that if it appeared from the evidence that the judge who presided in the court at New Orleans and rendered the judgment there, held his office by appointment frojn a military governor of the State of Louisiana, and under no other authority, the judgment was void. This raised, though somewhat obscurely, the question whether the court so held had any jurisdiction under the Constitution of the United States, and the question was decided against the privilege claimed under the Constitution by the defendants.

We cannot, therefore, dismiss the case for want of jurisdiction, although we may have a very clear conviction that the decision of the State court was correct.

Motion denied.

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Bluebook (online)

82 U.S. 380, 21 L. Ed. 72, 15 Wall. 380, 1872 U.S. LEXIS 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennywit-v-eaton-scotus-1872.

Opinion

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