Supreme Court of the United States, 1872

Wells v. McGregor

Supreme Court of the United States · Decided February 18, 1872

80 U.S. 188; 20 L. Ed. 538; 13 Wall. 188; 1871 U.S. LEXIS 1329 (United States Reports)

Counsel

Mr. F. A. Dick, contra.

Cases that cite this one

3 later published cases cite this decision.

Glinski v. United States (7th Cir. 1937)
Stroheim v. Deimel (7th Cir. 1897)
Germain v. Mason (Supreme Court of the United States 1872)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

The CHIEF JUSTICE:

We have often held that such orders as that which the Supreme Court of the Territory of Montana affirmed, are within the discretion of the inferior coui’t. They are not final judgments, within the meaning of the Judiciary Act of 1789. † Of course they are not within the meaning of the 9th section of the organic act of the Territory. ‡ It appears also that the writ of error bears the teste of the clerk of the Supreme Court of the Territory of Montana, and not the teste of the Chief Justice of this court. But the statute *190 makes teste of the Chief Justice indispensable, * and we have no power to change its requirements.

On both grounds, therefore, the writ of error must be

Dismissed.

†

Cook v. Burnley, 11 Wallace, 676 Phillips’s Practice, 66.

‡

13 Stat. at Large, 89.

1 Stat. at Large, 93.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.