George Crary v. John Devlin

Supreme Court of the United States

February 21, 1876.

Supreme Court of the United States · decided 1876-02-21

<p>ERROR TO THE COURT OR APPEALS OE THE STATE OE NEW YORK.</p>

2 counsel of record

Relies on Mining Company v. Boggs

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 9–0 · Opinion by Morrison Remick Waite · Decided 1876-02-21

How this case has been cited

Cited by 10 later decisions (7 by the Supreme Court) — most recently March 1925

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Edward T. Wood, Lyman Elmore, and M. H. Carpenter, for plaintiffs in error.

R. Fendall, for defendant in error.

Mr. Chief Justice WAITE delivered the opinion of the court.

¶1

The motion to dismiss this cause is granted upon the authority of Boggs v. Mining Co., 3 Wall. 304. There could have been no decis on of the court of appeals against the validity of any statute of the United States, because it was found that the facts upon which the defendants below relied to bring their case within the statute in question did not exist. The judgment did not deny the validity of the statute, but the existence of the facts necessary to bring the case within its operation.