HUNT V. PALAO, 45 U. S. 589 (1846)

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U.S. Supreme Court

Hunt v. Palao, 45 U.S. 589 (1846)

Hunt v. Palao

45 U.S. 589


Upon the admission of Florida as a state, the records of the former territorial court of appeals were directed by a law of the state to be deposited for safekeeping with the clerk of the supreme court of the state.

No writ of error can be issued to bring up a record thus situated, the territorial court being defunct, and the supreme court of the state not holding the records as part of its own records, nor exercising judicial power over them.

Nor could a law of the state have declared the records of a court of the United States to be a part of the records of its own state court, nor have authorized any proceedings upon them.

If the record were to be brought up under the fourteenth section of the act of 1789, it would be of no avail, because there is no court to which the mandate of this Court could be transmitted.

This was a motion made to bring up the record in the above case, which had been decided by the territorial court of appeals of Florida previously to the admission of Florida as a state.

The motion was as follows:

"Mr. Westcott, in behalf of John Hunt, submitted to the court a certified copy of the record of the opinion of said court of appeals, and of said judgment in said case, and suggested to the court that said court of appeals was defunct by the admission of the Territory of Florida as a state, on 4 March last, and that all the records and papers of said court of appeals, and the record aforesaid in said case, had been placed, by the act of the general assembly of the said state, in the custody and keeping of the clerk of the supreme court of said state, and also that said case was a case of federal jurisdiction, and he moved this Court to allow a writ of error to remove said record and judgment into this Court, with directions to the clerk of this Court to direct the same to the judges of said supreme court of said state, and to the clerk aforesaid having the custody of said record as aforesaid, in order that said record and judgment may be certified to this Court, and a return to said writ of error made by said clerk of said supreme court of said state."

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