CARTER V. BENNETT, 56 U. S. 354 (1853)

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U.S. Supreme Court

Carter v. Bennett, 56 U.S. 15 How. 354 354 (1853)

Carter v. Bennett

56 U.S. (15 How.) 354


A person was sued in the territorial court of Florida.

After the admission of Florida as a state, the case was transferred to a state court.

The defendant appeared, and pleaded the general issue.

The verdict was given against him.

He then moved in arrest of judgment upon the ground that the case ought to have been transferred to the district court of the United States, instead of a state court.

The motion was overruled, and judgment entered up against him.

Upon an appeal to the Supreme Court of Florida, this judgment was affirmed.

This Court has no jurisdiction under the 25th section of the Judiciary Act, to review that decision.

What the state court decided was the motion in arrest of judgment, where the record only is examined, and no new evidence admitted. There was nothing in the pleadings to show that the defendant was a citizen of Georgia, and no defect of jurisdiction was apparent.

The defendant might have pleaded in abatement, that he was a citizen of Georgia, but not having done so, it was two late to introduce the matter upon a motion in arrest of judgment.

Page 56 U. S. 355

As it does not appear, therefore, that the supreme court of the state must have decided adversely to the party now claiming the interposition of this Court, and decided so upon the construction of an act of Congress, the writ of error must be dismissed for want of jurisdiction.

The case is set forth in the opinion of the Court.

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