# Randall v. Board of Comm'rs of Tippecanoe Cty.

> Supreme Court of the United States · February 19, 1923 · 261 U.S. 252

URL: https://www.frixlaw.com/law-library/cases/100141

## Case

- **Full name:** Randall Et Al. v. Board of Commissioners of Tippecanoe County, Indiana
- **Court:** Supreme Court of the United States
- **Decided:** February 19, 1923
- **Citations:** 261 U.S. 252; 43 S. Ct. 252; 67 L. Ed. 637; 1923 U.S. LEXIS 2548
- **Precedential status:** Published
- **Opinion:** Opinion by Sutherland
- **Judges:** Sutherland
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/100141

## Opinion text

Memorandum opinion by
Mr. Justice Sutherland.
■ This is a writ of error to the Supreme Court of Indiana, when, clearly, it should have been to the State Appellate Court.
The action was brought in the Superior Court for Tippecanoe County. A demurrer to the complaint was sustained. An appeal was allowed to the Supreme Court < but that court, of its own motion, entered an order trans-' ferring the cause to the Appellate Court, for want of jurisdiction. The Appellate Court thereupon took the case, received the briefs of counsel, heard oral arguments .and affirmed the judgment of the trial court. A petition for rehearing was submitted and denied. Plaintiffs in errop then applied to the Supreme Court for an order to vacate its former order of transfer, or, in the alternative, for a writ of error
coram nobis,
which the Supreme Court denied.
It therefore appears that the Supreme Court refused to take the cáse on appeal' for want of jurisdiction, and the judgment of the highest-court of the State in which a deci
*253
sion in the suit could be had, Judicial Code, § 237, is that of the Appellate Court to which the writ should have been directed.
The writ of error must, therefore, be dismissed on the authority of
Western Union Telegraph Co.
v.
Hughes,
203 U. S. 505 ;
Lane
v.
Wallace,
131 U. S. Appendix CCXIX;
Norfolk & Suburban Turnpike Co.
v.
Virginia,
225 U. S. 264, 269 ;
Second National Bank
v.
First National Bank,
242 U. S. 600 ;
Prudential Insurance Co.
v.
Cheek,
259 U. S. 530 .
Dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/100141. Public record. Not legal advice.