|
EN
BANC
EDWIN
H. WARNER,
Plaintiff-Appellee,
G.
R.
No. 2631
November
18, 1905
-versus-
771
OBJECTORS,
Defendants-Appellants.
D
E C I S I
O N
WILLARD,
J:
The
appellants have presented
a Petition asking that the case be removed to the Supreme Court of the
United States by a writ of error. There are several reasons why the
Petition
should be denied. The order of the Court below allowing the appellants
to prosecute their appeal to this court as paupers does not give them
that
right in the Supreme Court of the United States. They would not be
entitled
to a supersedeas without giving the security required by law.
The Petition is not
in proper form, and it does not appear that any assignment of error has
been filed.
No ground for removing
the case is alleged. Neither the Constitution nor any statute, treaty,
title, right, or privilege of the United States is involved in the case.
Each one of the 771
appellants filed a separate answer in the court below, in which he
claimed
ownership of a certain tract of land. No one of the appellants has or
claims
any interest in the tracts of land claimed by the other appellants.
Under
these circumstances no one of them has a right to remove the case to
the
Supreme Court of the United States unless the tract of l and of which
he
claims to be the owner exceeds in value $25,000, in money of the United
States. The fact that all of the different in value that sum does not
give
them the right to such removal. [Tupper vs. Wise, 110 U.S., 398].
The Petition for a
Writ of Error is denied, and the case will be remanded to the Court of
Land Registration, from which it proceeded, ten days after the entry of
judgment in this case. So ordered.
Arellano, C.J.,
Torres, Mapa, Johnson and Carson, JJ., concur. |
