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  • St. Clair County v. Lovingston, 85 U.S. 628 (1873)

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    The Supreme Court of Illinois reversed a judgment from the Circuit Court of St. Clair County in favor of the county against Lovingston. The county then sought a writ of error from the U.S. Supreme Court. However, the U.S. Supreme Court dismissed the writ of error, finding that the Illinois Supreme Court's judgment was not final, as it remanded the case back to the circuit court for further proceedings, so the litigation was not fully resolved between the parties.

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    Filed: 1873-12-22 Precedential Status: Precedential Citations: 85 U.S. 628, 18 Wall. 628

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    The Supreme Court of Illinois reversed a judgment from the Circuit Court of St. Clair County in favor of the county against Lovingston. The county then sought a writ of error from the U.S. Supreme Court. However, the U.S. Supreme Court dismissed the writ of error, finding that the Illinois Supreme Court's judgment was not final, as it remanded the case back to the circuit court for further proceedings, so the litigation was not fully resolved between the parties.

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    Public Domain
    Download as COURT, PDF, TXT or read online from Scribd
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    13 views1 page

    St. Clair County v. Lovingston, 85 U.S. 628 (1873)

    Uploaded by

    Scribd Government Docs
    The Supreme Court of Illinois reversed a judgment from the Circuit Court of St. Clair County in favor of the county against Lovingston. The county then sought a writ of error from the U.S. Supreme Court. However, the U.S. Supreme Court dismissed the writ of error, finding that the Illinois Supreme Court's judgment was not final, as it remanded the case back to the circuit court for further proceedings, so the litigation was not fully resolved between the parties.

    Copyright:

    Public Domain
    Download as COURT, PDF, TXT or read online from Scribd
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    of 1

    85 U.S.

    628
    21 L.Ed. 813
    18 Wall. 628

    ST. CLAIR COUNTY


    v.
    LOVINGSTON.
    October Term, 1873

    ERROR to the Supreme Court of Illinois.


    The county of St. Clair, in Illinois, sued Lovingston in the Circuit Court of
    the county, and got judgment against him. The Supreme Court of Illinois
    reversed this judgment, and remanded the cause 'for such other and further
    proceedings as to law and justice shall appertain.' To that judgment the
    county took this writ of error.
    Mr. G. Koerner, for the plaintiff in error; Mr. W. H. Underwood, contra .
    Mr. Justice STRONG delivered the opinion of the court.

    The writ of error in this case must be dismissed on the authority of Moore v.
    Robbins, decided at this term. The judgment of the Supreme Court of the State
    cannot be regarded as a final judgment in the sense in which the term was used
    in the Judiciary Acts. No judgment is final which does not terminate the
    litigation between the parties to the suit. The issue between the parties may be
    again tried in the Circuit Court, and another judgment may be recovered which
    may be removed to the Supreme Court for revision. Consequently, then, there
    has been no final determination of the case.

    WRIT DISMISSED.

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