Supreme Court of the United States, 1923

Randall v. Board of Comm'rs of Tippecanoe Cty.

Supreme Court of the United States · Decided February 19, 1923 · Sutherland

261 U.S. 252; 43 S. Ct. 252; 67 L. Ed. 637; 1923 U.S. LEXIS 2548 (United States Reports)

Counsel

Mr. Otto Gresham for plaintiffs in error., Mr. Clyde II. Jones, with whom Mr. D. P. Flanagan was on the brief, for defendant in error.

Cases that cite this one

13 later published cases cite this decision.

Sims v. Town of New Chicago (Ind. Ct. App. 2006)
Lien v. H.E.R.C. Products, Inc. (District Court, E.D. Virginia 1998)
Southern Ry. Co. v. Alabama Public Service Commission (United States District Court for the Middle District of Alabama 1950)
Minor v. City of Keokuk, Iowa (District Court, S.D. Iowa 1950)
Missouri-Kansas-Texas R. v. Williamson (United States District Court, Oklahoma Western 1941)
Hilliker v. Grand Lodge, K. P. (6th Cir. 1940)
Miles Laboratories, Inc. v. Seignious (District Court, E.D. South Carolina 1939)
Southern Fruit Co. v. Porter (District Court, W.D. South Carolina 1937)
Nord v. Griffin (7th Cir. 1936)
Mountain States Telephone & Telegraph Co. v. Public Utilities Commission (District Court, D. Utah 1934)
Nutt v. Ellerbe (District Court, E.D. South Carolina 1932)
Station WBT, Inc. v. Poulnot (District Court, E.D. South Carolina 1931)
Aetna Life Insurance v. Dunken (Supreme Court of the United States 1925)

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

Memorandum opinion by

Mr. Justice Sutherland.

■ This is a writ of error to the Supreme Court of Indiana, when, clearly, it should have been to the State Appellate Court.

The action was brought in the Superior Court for Tippecanoe County. A demurrer to the complaint was sustained. An appeal was allowed to the Supreme Court < but that court, of its own motion, entered an order trans-' ferring the cause to the Appellate Court, for want of jurisdiction. The Appellate Court thereupon took the case, received the briefs of counsel, heard oral arguments .and affirmed the judgment of the trial court. A petition for rehearing was submitted and denied. Plaintiffs in errop then applied to the Supreme Court for an order to vacate its former order of transfer, or, in the alternative, for a writ of error coram nobis, which the Supreme Court denied.

It therefore appears that the Supreme Court refused to take the cáse on appeal' for want of jurisdiction, and the judgment of the highest-court of the State in which a deci *253 sion in the suit could be had, Judicial Code, § 237, is that of the Appellate Court to which the writ should have been directed.

The writ of error must, therefore, be dismissed on the authority of Western Union Telegraph Co. v. Hughes, 203 U. S. 505; Lane v. Wallace, 131 U. S. Appendix CCXIX; Norfolk & Suburban Turnpike Co. v. Virginia, 225 U. S. 264, 269; Second National Bank v. First National Bank, 242 U. S. 600; Prudential Insurance Co. v. Cheek, 259 U. S. 530.

Dismissed.

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