Compilation of Senate Election Cases From 1789 to 1885
Compilation of Senate Election Cases From 1789 to 1885
United States. Congress. Senate
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"The case in 12 A. , 48, cited to show that a third party may appeal, is wholly unlike the case before the court. There the property of a third party had been seized, and the appeal was from the judgment dissolving his injunction. It being a separate demand, C. P. , 398, and the value of the property being sufficient to give this court jurisdiction, there was no error in maintaining the appeal. " There are other grounds for dismissing the appeal, which I deem it unnecessary to notice, because, ...to my mind, the argument which I have endeavored to make fully maintains the exception of the defendants that A. P. Field has no right to take this ap- peal. "Believing that the case is not within the jurisdiction of the court and that the decree of a court without jurisdiction, ratione matcrix, is an absolute nullity, I hardly think it necessary to enter upon an elaborate discussion of the issues presented for adjudication upon the merits. I will state, however, some of the conclusions forced upon my mind from a careful consideration of these questions.
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