Opinion · Supreme Court of the United States
Cornell v. Green
Cornell v. Green, 163 U.S. 75 (1896)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1896-05-18
- Topic
- general
Me. Justice Gray, after stating the case, delivered the opinion of the court. No question of the jurisdiction of the Circuit Court has been certified to this court; and the appellate jurisdiction of this court is sought to be maintained upon the single ground that the case “ involves the construction or application of the Constitution of the United States,” within the meaning of the Judiciary Act of March 3,1891, c. 517, § 5. 26 Stat. 828. But, in order to bring a case within this clause of the act, the Circuit Court must have construed the Constitution, or applied it to the case, or must, at least, have been requested and have declined or omitted to construe or apply it. No construction or application of the Constitution, can be said to have been involved in the judgment below, when no construction or application thereof was either expressed or asked for.
Citator
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- Cited by
- 18 opinions
Headnotes
- Federal Courts & Jurisdiction — Supreme Court Appellate Jurisdiction To bring a case within the clause of the Judiciary Act of March 3, 1891, granting Supreme Court appellate jurisdiction over cases involving the construction or application of the Constitution, the Circuit Court must have construed the Constitution or applied it to the case, or must at least have been requested to do so and have declined or omitted to act; no construction or application of the Constitution can be said to have been involved in the judgment below when none was either expressed or asked for.
- Federal Courts & Jurisdiction — Appellate Jurisdiction A case may be said to involve the construction or application of the Constitution when a title, right, privilege, or immunity is claimed under that instrument, but a definite issue respecting the possession of that right must be distinctly deducible from the record before the judgment below can be revised on the ground of error in disposing of such a claim.
- Federal Courts & Jurisdiction — Appellate Jurisdiction Supreme Court jurisdiction may be invoked on constitutional grounds only when the constitutionality of a law of the United States is drawn in question necessarily and directly, not incidentally.
- Federal Courts & Jurisdiction — Appellate Jurisdiction An assignment of errors cannot be availed of to import into a cause questions that the record does not show were raised and ruled on in the court below, so as to confer jurisdiction on the Supreme Court under the fifth section of the Act of March 3, 1891.
after stating the case, delivered the opinion of the court.
No question of the jurisdiction of the Circuit Court has been certified to this court; and the appellate jurisdiction of this court is sought to be maintained upon the single ground that the case “ involves the construction or application of the Constitution of the United States,” within the meaning of the Judiciary Act of March 3,1891, c. 517, § 5. 26 Stat. 828.
But, in order to bring a case within this clause of the act, the Circuit Court must have construed the Constitution, or applied it to the case, or must, at least, have been requested and have declined or omitted to construe or apply it. No construction or application of the Constitution, can be said to have been involved in the judgment below, when no construction or application thereof was either expressed or asked for.
The case at bar, as shown by the record, was simply this: Gage made two mortgages of land, conveyed the equity of
The Circuit Court, upon general demurrer, dismissed this bill for want of equity, holding that in the former suit Tucker was sufficiently made a party to bind him by the decree in his individual, as well as in his representative capacity. 43 Fed. Sep. 105.
The Constitution of the United States is not mentioned in the bill of Cornell, or in the demurrer of the defendant, or in the decree or the opinion of the court. The case appears to have been treated throughout as depending- upon a question of chancery practice, not of constitutional right. The first indication of anything like an intention on the part of the plaintiff to invoke the protection of the Constitution of the United States is in the suggestion, in the assignment of errors, “that said finding deprived said complainant of his property without due process of law.”
The case is governed in every respect by recent decisions construing the same clause of the act of Congress.
In a case decided at this term, it was said by the Chief Justice, in delivering judgment: “ A case may be said to involve the construction or application of the Constitution of the United States, when a title, right, privilege or immunity is
In support of that judgment, several cases were cited, two of them very like the case at bar. Carey v. Houston & Texas Railway, 150 U. S. 170, 181; In re Lennon, 150 U. S. 393, 401.
Appeal dismissed for want of jurisdiction.