Payne v. Mahon
Payne v. Mahon
Opinion of the Court
The opinion of the court was delivered by
The question ■ presented in this case is as to the validity of the provision of the sixth section of the act “ constituting District Courts in certain cities in this state,” that those courts shall have jurisdiction exclusive of all other courts whatever, in all cases arising under the act where the party defendant resides within the corporate limits of the city wherein those courts shall be established. Rev., pp. 1301, 1302. The act was subsequently modified by an act limiting its operation, (Pamph. L., 1878, p. 94,) and another increasing the jurisdiction, and giving the Circuit Courts concurrent jurisdiction. Id., p. 148. The objection urged is, and the Supreme Court held, that the provision for exclusive jurisdiction is, in view of the title of the act, invalid, as being in contravention of the constitutional prohibition that “ every law shall embrace but one object, and that shall be expressed in the title.” The Supreme Court held the act valid so far as the grant of jurisdiction is concerned, but not as to the provision that the jurisdiction shall be exclusive. To warrant the conclusion that the enactment under consideration is unconstitutional, the mind of the court should be free from doubt on the subject. In the language of Chief Justice Marshall, “ the opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.” Fletcher v. Peck, 6 Cranch 87, 128. Referring to the very constitutional objection now under consideration, Chief Justice Beasley
The judgment of the Supreme Court should be reversed.
For affirmance—None.
For reversal—The Chancellor, Chief Justice, Depue, Mache, Parker, Reed, Scudder, Cole, Creen, Kirk, Whitaker—11.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.