The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-25

land commissioners appointed under an act OF Con-
gress; and the Judgment order waI that 'the judg-
ment be reversed and the cause remanded. with
directions to the Supreme Court OF Missouri to afrm
the decree OF the 81. Louis Court or Common Pleasn
where the was originally tried. The defend.
ants IN error conted that this Court had jurisdiction
only OF the question OF continuation or some others
immediately respecting the validity or construction
OF an act OF Congress under which the confirmation
was made, and on which plainti13 title exclusively
depend; but that the order made excludes, over
ruies and determines decisions by the State court
OF questions OF local law, OF estoppel. OF limitations
VI 1ond Gde purchases. OF res dddicdtd OF equity.
ol derivation OF tte OF the location of lands covered
py deeds and otner defences over which the State
courts, under the federal constitution, nave exciu-
slve original and appellate Jurisdiction, and this
court has none Whatever 1t is submitted that these
questions or local law exist and fully set forth
the face OF the record with ample and in the case
OF eight OF those deences, conc uslye record evl-
dence to establish them under the laws OF the State
ana tnat they are wholly Independent and exclusive
of all questions which this Court has any nris.
dcton on writs terror IRON State courts The entry,
therefore, which directs the atrmance OF the decree
or the original court, and thus deprves the Supreme
Court OF the State OF the right to decide
these matters purely local, should be reformed and
the mandate should be SO qualified to direct SIM
ply that further proceedings be had conformity 70
SUPREME Court AT the State ony 50 far as sdera
questions are concerned. leaving them at liberty to
decide local questions In accordance with their own
constitution ana the laws OF the State. The plain
s IN argue that by the act OF 1882 this Court
'may at their discretion proceed to a final decision
OF cause and award execution or remand the same
to the inferior COURT and that by the twenty fourth
section OF the OF 1862 the Circuit Court reyerS
ing Judgment In the District Court shall render
sucn judgment as the District Court should have
rendered On error 10 The Circuit Court this Court
snail do the same, except where the reversal Is In
FAVOR OF the plaintiff In the original suit ana
the damages TO be assessed uncertain.
The fact that the Judgment Is in favor OF
the rule. unless also the damages to be assessed
uncertain. There is 10 this case therefore, modi.
lying element OF the kind. the damages are already
assessed; they are certain and definite, not even
questioned OF record SO, II this were writ OF
error to tine Circuit Court, this Court must render
such decree as the Circuit Court ought have rem
dered. The twenty-lftn section OF the act OF 1862
that the proceedings on reversal shall also be the
same as IN error to q Circuit Court except
that the Supreme Court may proceed to final
decision and award execution" even IN cases where
the damages to be assessed are uncertain II the
cause should have been once before remanded.
These two modifying elements It Is as
serted, which balance and neutralize each Othe8
wanting this case. The cause was
never remanded before, and the damages to be
on the reversal OF the decision OF the Supreme Court
OF the State. should render precisely such a decree
tine State court ought to have rendered In other
words this Court 'shall' render such decree az
the State should have rendered II the Supreme
Court OF this State shall have affirmed the decree Of
the Common Pleas this Court mast alirm It, Such
the act OF 1883; under that act thus Court may
not issue executions But under the act Of 1887,
thissCourt may at their discretion, proceed to final
decision and award execution or remand the cause
10 the inferior court The order Is right there ore,
as 1t stands. The motion was argued by +. Phillips
and Judge Curtis for sustaining and by j. M. Car
Isle and Thomas Ewing, ST., against 1t.