United States Supreme Court Cases & Opinions

U.S. Supreme Court

Houston v. Moore, 16 U.S. 3 Wheat. 433 433 (1818)

Houston v. Moore

16 U.S. (3 Wheat.) 433

Syllabus

The Court has no jurisdiction under the twenty-fifth section of the Judiciary Act of 1789, ch. 20, unless the judgment or decree of the state court be a final judgment or decree. A judgment, reversing that of an inferior court and awarding a venire facias de novo is not a final judgment.

This was an action of trespass, brought by the plaintiff in error against the defendant in error, for levying a fine ordered to be collected by the sentence of a court martial under an act of the Legislature of the State of Pennsylvania which was alleged to be repugnant to the Constitution and laws of the United States. The suit was commenced in the Court of Common Pleas for the County of Lancaster, in which court a trial was had, and the jury, under the charge of the court, found a verdict for the plaintiff, on which

Page 16 U. S. 434

judgment was rendered. The cause was carried to the Supreme Court of the State of Pennsylvania by writ of error, where the judgment of the court of common pleas was reversed, and the cause remanded to that court with directions to award a venire facias de novo. The plaintiff then sued out of a writ of error, to bring the cause to this Court.