Pennywit v. Eaton

Supreme Court of the United States
Pennywit v. Eaton, 82 U.S. 380 (1872)
21 L. Ed. 72; 15 Wall. 380; 1872 U.S. LEXIS 1261

Pennywit v. Eaton

Opinion

The CHIEF JUSTICE:

The Pulaski County Court was requested to hold, that if it appeared from the evidence that the judge who presided in the court at New Orleans and rendered the judgment there, held his office by appointment frojn a military governor of the State of Louisiana, and under no other authority, the judgment was void. This raised, though somewhat obscurely, the question whether the court so held had any jurisdiction under the Constitution of the United States, and the question was decided against the privilege claimed under the Constitution by the defendants.

We cannot, therefore, dismiss the case for want of jurisdiction, although we may have a very clear conviction that the decision of the State court was correct.

Motion denied.

Reference

Full Case Name
Pennywit v. Eaton. [On Motion.]
Cited By
1 case
Status
Published
Syllabus
The court refused to dismiss, for want of jurisdiction, a case brought here as within the 25th section of the Judiciary Act, when they could see a Federal question raised under it, though raised somewhat obscurely; and though they £ad “ a very clear conviction ” that the decision of the State court was correct, so clear indeed that as it finally turned out (see infra, next case) they affirmed it with 10 per cent, damages, because any writ of error could have been prosecuted only for delay.