Roosevelt v. Meyer

Decided December 15, 1863

Supreme Court of the United States · decided 1863-12-15

Mr. Roelker, of counsel for the defendant in error- in this case, moved the court to dismiss the writ of error for want of jurisdiction : the case being thus: The Judiciary Act of 1789 (§ 25) provides that this court may review the judgment of the highest court of a State in eases “ where is drawn in question the construction of any clause of the Constitution, or of a . . statute of . . the United States, and the decision is against the title, right,.privilege, or exemption…

Cited by 1 later decisions — most recently March 1882

1 district ·

Good law ✅— No negative treatment on recordhow we know

Opinion by James Moore Wayne · Decided 1863-12-15

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¶1At a subsequent day,

Mr. Justice WAYNE

¶2delivered the opinion of the court.

¶3He stated it to be the conclusion of their honors, upon an examination of the record, that as the validity of the act of February 25th, 1862, was drawn in question', and the judgment of the Court of Errors and Appeals of the State of New York was in favor of it, and of the right set up by the defendant, this court had no jurisdiction to reverse that judgment; that the dismissal of the case was accordingly to be directed. In support of the decision which he announced the learned Justice referred to various cases in this court which are mentioned in the note below. †

¶4Motion granted.

NELSON, J., dissenting.

¶5 Gordon v. Caldcleugh, 3 Cranch, 268; Fulton v. McAffee, 16 Peters, 149; Strader v. Baldwin, 9 Howard, 261; Linton v. Stanton, 12 Id., 423.