Law School Case Brief
Gibbons v. Ogden - 19 U.S. (6 Wheat.) 448 (1821)
A decree of the highest court of equity of a state, affirming a decretal order of an inferior court of equity of the same state, refusing to dissolve an injunction granted on the filing of the bill, is not a final decree within the 25th section of the judiciary act of 1789, ch. 20, from which an appeal lies to this court.
Plaintiff Ogden filed a bill for an injunction to restrain defendant Gibbons from navigating certain steam boats on the waters of the State of New York because the exclusive navigation of those waters had been granted |to Livingston and Fulton, under whom Ogden claimed as assignee. The bill was granted by the Chancellor and Gibbons moved to dissolve the injunction, which was denied by the Chancellor. Gibbons appealed to the Court for the Trial of Impeachments and the Correction of Errors of the State of New York. From the order of the Court of Trial and Impeachments and the Correction of Errors, Gibbons appealed citing that the case involved a question arising under the constitution, laws and treaties of the United States.
Can Defendant Gibbons appeal an order from the Court for the Trial of Impeachments and the Correction of Errors of New York to the United States Supreme Court?
The United States Supreme Court dismissed the appeal of Defendant Gibbons, it not appearing from the record that there was a final decree in the state Court for the Correction of Errors, from which the appeal was taken.
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