Opinion

Pennsylvania v. Wheeling & Belmont Bridge Co.

  • 59 U.S. 421
  • 18 How. 421
  • 15 L. Ed. 435
  • 1855 U.S. LEXIS 714
Court
Supreme Court of the United States
Filed
Apr 21, 1856
Status
Published
Author
Grier
On the bench
Nelson, McLean, Daniel, Wayne, Grier, Curtis
Cited by
366 cases

stating that “especially as it respects adjudication upon the private rights of parties ... [an] act of congress cannot have the effect and operation to annul the judgment of the court already rendered, or the rights determined thereby____ When they have passed into judgment the right becomes absolute, and it is the duty of the court to enforce it”

How later courts described this case

  • stating that “especially as it respects adjudication upon the private rights of parties ... [an] act of congress cannot have the effect and operation to annul the judgment of the court already rendered, or the rights determined thereby____ When they have passed into judgment the right becomes absolute, and it is the duty of the court to enforce it”
  • holding that 88 the Port Preference Clause prohibits only ‘‘positive legisla- tion by [C]ongress’’ that gives ‘‘a direct privilege or prefer- ence to the ports of any particular State over those of another,’’ not federal enactments that merely confer ‘‘inciden- tal advantages’’ on one port over others
  • holding that the Port Preference Clause prohibits only “positive legislation by [C]ongress” that gives “a direct privilege or preference to the ports of any particular State over those of another,” not federal enactments that merely confer “incidental advantages” on one port over others
  • holding that an injunction should be dissolved when the Case: 21-1712 Document: 57 Page: 22 Filed: 02/23/2022 OPTICURRENT, LLC v. POWER INTEGRATIONS, INC. 5 right forming the basis of the injunction was later modi- fied

Written by the judges who cited it.

The opinion

Mr. Justice GRIER.

I concur .with the majority of this court, that in cases, where •this court has original Jurisdiction, an interlocutory or preliminary injunction may be awarded, in vacation, by any judge of the court. I differ with the majority in declining to punish a wanton contempt of the process of the court.

I concur with my brother McLean, that congress cannot an- . nul or vacate any decree of this court; that the assumption .of such a power is without precedent, and, as, a' precedent for the future, it is of dangerous example. ' ■

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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