United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bank of West Tennessee v. Citizens' Bank of Louisiana, 81 U.S. 14 Wall. 9 9 (1871)

Bank of West Tennessee v. Citizens' Bank of Louisiana

81 U.S. (14 Wall.) 9

Syllabus

Where a decision of the highest court of a state in a case is made on its settled preexistent rules of general jurisprudence, the case cannot be brought here under the 25th section; notwithstanding the fact that the state has subsequently made those rules one of the articles of its constitution, and the case be one where if the decision had been made on the constitution alone, a writ of error under the said section might have lain.

Motion by Mr. Edward Janin (Mr. T. J. Durant opposing) to dismiss, for want of jurisdiction, a writ of error to the Supreme Court of the State of Louisiana, taken under an assumption that the case fell within the 25th section of the Judiciary Act, quoted supra, pp. 81 U. S. 5-6.