United States Supreme Court Cases & Opinions

U.S. Supreme Court

Parish v. Ellis, 41 U.S. 16 Pet. 451 451 (1842)

Parish v. Ellis

41 U.S. (16 Pet.) 451

Syllabus

The acts of Congress relating to judicial proceedings in the Territory of Florida, give the right of appeal to the Supreme Court of the United States in cases of equity, of admiralty, and maritime jurisdiction, and prize or no prize, but cases at law are to be brought up by writ of error, as provided for by the Judiciary Act of 1789. It has always been held that a case at law cannot, under the act of 1803, be brought to the Supreme Court by appeal.

In many of the states and territories, the ancient common law remedy for the purpose of obtaining an allotment of dower, as well as the remedies for other legal rights, have been changed for others more convenient and suitable to our situation and habits; yet they are regarded as cases at law, although they are not carried on according to the forms of the common law.

Cited, Parsons v. Bedford, 3 Pet. 447.

The only question in the case on which the Court gave an opinion was, upon the right of the appellant to bring the case to this Court by appeal, instead of by writ of error.

Page 41 U. S. 452