[DOWNLOAD] "Attorney General v. Federal Street Meeting-House" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Attorney General v. Federal Street Meeting-House
- Author : United States Supreme Court
- Release Date : January 01, 1861
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Mr. Bartlett, of Massachusetts, for the defendants, moved the court to dismiss the writ of error for want of jurisdiction. The judgment (he said) is sought to be reversed, and the power of this court to do it rests solely on the ground that the act incorporating the defendants was unconstitutional, whereas it does not appear that the validity of that act was in any manner drawn into controversy. Even if the validity of the act had been a question in the court below, and its validity had been sustained, there are various other grounds within the exclusive cognizance of the State court upon which this judgment must be affirmed. The doctrine is now firmly established, that to give this court jurisdiction, it must appear by the record, or by clear and necessary intendment, that the question on which the jurisdiction is founded must have been raised, and must have been decided, in order to have induced the judgment. Crowell vs. Randall, (10 Peters, 368, 398.) That the question was necessarily involved in the decision, and that the State court could not have given the judgment or decree which they passed without deciding it. Armstrong vs. Treasurer, &c., (16 Peters, 281, 285;) Mills vs. Brown, (16 Peters, 525;) Smith vs. Hunter, (7 How., 738;) Neilson vs. Lagow, (12 How., 98, 109;) Williams vs. Oliver, (12 How., 111, 124;) Grand Gulf R. R. vs. Marshall, (12 How., 165, 167;) Lawler vs. Walker, (14 How., 149, 155;) Maxwell vs. Newbold, (18 How., 511, 515;) Christ Church vs. Philadelphia, (20 How., 26, 28.) It must appear either on the bill or answer, or decree of the court. Mich. Cent. R. R. vs. Mich. South. R. R., (19 How., 379.) In this case the bill refers to the act of 1795 but once, and there avers in substance that it is valid. The answer avers that the defendants were owners before the date of the act, and continued to be in possession as owners afterwards. The decree simply orders the bill to be dismissed.