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CANTER v. THE AMERICAN AND OCEAN INS. CO. OF NEW YORK

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27 U.S. 554 (1829)

2 Pet. 554

7 L.Ed. 517

DAVID CANTER, APPELLANT, vs. THE AMERICAN AND OCEAN INSURANCE COMPANY OF NEW YORK, APPELLEE.

Supreme Court of United States.

March 17, 1829.

Attorney(s) appearing for the Case

The motion was supported by Mr Cruger for the appellees, and opposed by Mr Coxe and Mr Webster for the appellant.

Mr Chief Justice MARSHALL delivered the opinion of the Court.

The motion made is, to dismiss this case for want of jurisdiction. But a motion to dismiss a suit, for want of jurisdiction, applies solely to cases where this Court has not jurisdiction of the cause, and not to cases where the circuit court has exceeded its proper powers in the particular case. In the present case, this Court has, certainly, jurisdiction to revise the decree complained of in the circuit...

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