Forsyth v. Hammond

Citations

• 166 U.S. 506
• 17 S. Ct. 665
• 41 L. Ed. 1095
• 1897 U.S. LEXIS 2045

Syllabus

<p>Under the judiciary act of March 3, 1891, c. 517, the power of this court in certiorari extends to every case pending in the Circuit Courts of Appeals and may be exercised at any time during such pendency, provided the case is one which, but for this provision of the statute, would be finally determined in that court.</p> <p>While this power is coextensive with all possible necessities, and sufficient to secure to this court a final control over the litigation in all the courts of appeal, it is a power which will be sparingly exercised, and only when the circumstances of the case satisfy this court that the. importance of the question involved, the necessity of avoiding conflict between two or . more courts of appeal, or between courts of appeal and the courts of a State, or some matter affecting the interests of the Nation, in its internal or external relations, demands such exercise.</p> <p>As, in the contests between the parties to this suit, the Circuit Court of Appeals for the Seventh Circuit and the Supreme Court of the State of Indiana had reached .opposite conclusions as to their respective rights,, and as all the unfortunate possibilities of conflict and collision which, might arise from these adverse decisions were suggested when this-application for certiorari was made, it seemed to this court that, although no final decree had been entered, it was its duty to bring thé case and the questions here for examination at the earliest possible-moment.</p> <p>The plaintiff in- error having voluntarily commenced an action in the Supreme Court of the State to establish her rights against the city of Hammond, and the questions at issue being judicial in nature and within the undoubted cognizance of the state court, she cannot, after a decision-by that court lie heard in any other tribunal to collaterally deny its- ' validity.</p> <p>Though the form and causes of action be different, a decision by a court of competent jurisdiction in respect to any essential fact