R.R. Co. v. Grant, 98 U.S. 398 (1879). · Go Syfert
R.R. Co. v. Grant, 98 U.S. 398 (1879). Cases Citing This Book View Copy Cite
228 citation events (7 in the last 25 years) across 57 distinct courts.
Strongest positive: Crawford v. Antonio B. Won Pat International Airport Authority, Guam (gud, 2017-08-30)
Treatment trajectory · 1900 → 2026 · click a year to view as-of
1900 1963 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Crawford v. Antonio B. Won Pat International Airport Authority, Guam
D. Guam · 2017 · confidence medium
Co. v. Grant, 98 U.S. 398, 402 (1878) (noting where new enactment makes no reference to causes of action or cases arising under the old enactment “the presumption is always strong against continuing the old law 24 in force for any purpose.”). 1 be resolved before an obligation to pay—and the associated entitlement to compensation—arises. 2 See Am.
discussed Cited as authority (rule) Hamdan v. Rumsfeld
SCOTUS · 2006 · confidence medium
As in Bruner, Hallowell, and Ritchie , the DTA’s directive that “no court, justice, or judge shall have jurisdiction,” § 1005(e)(1), 119 Stat. 2742 , is made “without any reservation as to pending cases” and “purport[s] to be universal.” What we stated in an earlier case remains true here: “[W]hen, if it had been the intention to confine the operation of [the jurisdictional repeal]... to cases not pending, it would have been so easy to have said so, we must presume that Congress meant the language employed should have its usual and ordinary signification, and that the old law …
cited Cited as authority (rule) Petrovich Boscio v. Secretary of the Treasury
prsupreme · 1956 · confidence medium
Co. v. Grant, 98 U. S. 398, 401-02 , 25 L.
cited Cited as authority (rule) Petrovich Boscio v. Secretario de Hacienda
prsupreme · 1956 · confidence medium
Co. v. Grant, 98 U. S. 398, 401-402 , 25 L.
discussed Cited as authority (rule) Bruner v. United States
SCOTUS · 1952 · confidence medium
In § 56 (1) of the same Act, Congress expressly saved “any rights or liabilities” existing at the effective date of the Act under statutes repealed by § 56. 65 Stat. 710 , 730 (1951). 8 Ex parte McCardle, 7 Wall. 506, 514 (1869); Railroad Co. v. Grant, 98 U. S. 398, 401 (1879); Sherman v. Grinnell, 123 U. S. 679, 680 (1887); Gurnee v. Patrick County, 137 U. S. 141, 144 (1890); Gwin v. United States, 184 U. S. 669, 675 (1902).
discussed Cited as authority (rule) International Longshoremen's & Warehousemen's Union v. Ackerman
D. Haw. · 1949 · confidence medium
Cf. Hallowell v. Commons, 239 U.S. 506 , 36 S.Ct. 202 , 60 L.Ed. 409 ; Baltimore & P. Railroad Co. v. Grant, 98 U.S. 398, 401, 402 , 25 L.Ed. 231 ; Federal Reserve Bank of Richmond v. Kalin, 4 Cir., 77 F.2d 50, 51, 52 ; and Link v. Receivers of Seaboard Air Line Ry.
discussed Cited as authority (rule) Eastern Building Corp. v. United States (2×)
Ct. Cl. · 1942 · confidence medium
In Railroad Co. v. Grant, 98 U. S. 398, 401, 403 , involving a case where Congress in 1879 repealed a former statute, the court said: It is equally well settled that if a law conferring jurisdiction is repealed without any reservation as to pending cases, all such cases fall with the law. [Citing cases.] Sec. 847 of the Revised Statutes, * * * is in irreconcilable conflict with the act of 1879. * * *.
cited Cited "see, e.g." Patrocinia L. Vda De Rodulfa v. United States of America and Administrator of Veterans Affairs, Juliana Caparas Vda Del Rosario v. United States of America and Donald E. Johnson, Administrator of Veterans Affairs
D.C. Cir. · 1972 · signal: see also · confidence low
See also Gwin v. United States, supra note 54, 184 U.S. at 674 , 25 L.Ed. 231 ; Railroad Co. v. Grant, supra note 56 , 98 U.S. at 401-402 , 22 S.Ct. 526 , 46 L.Ed. 741 71 1 U.S.C.
discussed Cited "see, e.g." De Rodulfa v. United States
D.C. Cir. · 1972 · signal: see also · confidence low
See also Gwin v. United States, supra note 54, 184 U.S. at 674 , 25 L.Ed. 231 ; Railroad Co. v. Grant, supra note 56 , 98 U.S. at 401-402 , 22 S.Ct. 526 , 46 L.Ed. 741 . . 1 U.S.C. § 109 (1970), quoted infra note 72. .
discussed Cited "see, e.g." United States v. Obermeier (2×)
2d Cir. · 1951 · signal: see, e.g. · confidence low
See, e.g., Baltimore & P. Railroad Co. v. Grant, 98 U.S. 398, 403 , 25 L.Ed. 231 ; National Bank v. Matthews, 98 U.S. 621, 627 , 25 L.Ed. 188 ; Farrington v. Tennessee, 95 U.S. 679, 689 , 24 L.Ed. 558 ; Vicksburg, S. & P. RR.
cited Cited "see, e.g." In Re Schneider
SCOTUS · 1893 · signal: see also · confidence low
See, also, Railroad Co. v. Grant, 98 U. S. 398 ; Dennison v. Alexander, 103 U. S. 522 ; U. S. v. Wanamaker, 147 U. S. 149 , 13 Sup. Ct. Rep. 279.
cited Cited "see, e.g." In re Schneider
SCOTUS · 1893 · signal: see also · confidence low
See also Railroad Co. v. Grant, 98 U. S. 398 ; Dennison v. Alexander, 103 U. S. 522 ; United States ex rel.
Retrieving the full opinion text from the archive…
Railroad Company
v.
Grant
Supreme Court of the United States.
Apr 14, 1879.
98 U.S. 398
1878 U.S. LEXIS 1395
Mr. Richard T. Merrick and Mr. William F. Mattingly, for the defendant in error, in support of the motion, cited McNulty v. Batty, 10 How. 72; Norris v. Crocker, 13 id.429; Insurance Company v. Ritchie, 5 Wall. 541; Fx parte McArdle, 7 id. 506; Steward v. Kahn, 11 id. 502., Mr. Fnoch Totten, contra.
Waite.
Cited by 146 opinions  |  Published
Mr. Chief Justice Waite

delivered the opinion of the court.

The single question presented by this motion is whether[*401] there is any law now in force which gives us authority to reexamine, reverse, or affirm the judgment in this case. Nearly seventy years ago, Mr. Chief Justice Marshall said, in Durusseau v. United States (6 Cranch, 307), that this “ court implies a legislative exception from its constitutional appellate power in the legislative affirmative description of those powers. Thus a writ of error lies to the judgment of a circuit court, where the matter in controversy exceeds the value of $2,000. There is no express declaration that it will not lie where the matter in controversy shall be of less value. But the court considers this affirmative description as manifesting the intent of the legislature to except from its appellate jurisdiction all cases decided in the circuits where the matter in controversy is of less value and implies negative words.” There has been no departure from this rule, and it has universally been held that our appellate jurisdiction can only be exercised in cases where authority for that purpose is given by Congress.

It is equally well settled that if a law conferring jurisdiction is repealed without any reservation as to pending cases, all such cases fall with the law. United States v. Boisdore's Heirs, 8 How. 113; McNulty v. Batty, 10 id. 72; Norris v. Crocker, 13 id. 429; Insurance Company v. Ritchie, 5 Wall. 541; Ex parte McArdle, 7 id. 514; The Assessor v. Osbornes, 9 id. 567; United States v. Tynen, 11 id. 88.

Sect. 847 of the Revised Statutes, relating to the District of Columbia, is in irreconcilable conflict with the act of 1879. The one gives us jurisdiction when the amount in dispute is $1,000 or more; the other in effect says we shall not have jurisdiction unless the amount exceeds $2,500. It is clear, therefore, that the repealing clause in the act of 1879 covers this section of the Revised Statutes.

The act of 1879 is undoubtedly prospective in its operation. It does not vacate or annul what has been done under the old law. It destroys no vested rights. It does not set aside any judgment already rendered by this court under the jurisdiction conferred by the Revised Statutes when in force. But a party to a suit has no vested right to an appeal or a writ of error from one court to another. Such a privilege once granted may[*402] be taken away, and if taken away, pending proceedings in the appellate court stop just where the rescinding act finds them, unless special provision is made to the contrary. The Revised Statutes gave prrties the right to remove their causes to this court by writ of error and appeal, and gave us the authority to re-examine, reverse, or affirm judgments or decrees thus brought up. The repeal of that law does not vacate or annul an appeal or a writ already taken or sued out, but it takes away our right to hear and determine the cause, if the matter in dispute is less than the present jurisdictional amount. The appeal or the writ remains in full force, but we dismiss the suit, because our jurisdiction is gone.

It is claimed, however, that, taking the whole of the act of 1879 together, the intention of Congress not to interfere with our jurisdiction in pending cases is manifest. There is certainly nothing in the act which in express terms indicates any such intention. Usually where a limited repeal only is intended, it is so expressly declared. Thus, in the act of 1875 (18 Stat. 316), raising the jurisdictional amount in cases brought here for review from the circuit courts, it was expressly provided that it should apply only to judgments thereafter rendered; and in the act of 1874 (id. 27), regulating appeals to this court from the supreme courts of the Territories, the phrase is, “ that this act shall not apply to cases now pending in the Supreme Court of the United States where the record has already been filed.” Indeed, so common is it, when a limited repeal only is intended, to insert some clause to that express effect in the repealing act, that if nothing of the kind is found, the presumption is always strong against continuing the old law in force for any purpose. We think it will not be claimed that an appeal may now be taken or a writ of error sued out upon a decree or a judgment rendered before the act of 1879 took effect, if the matter in dispute is not more than $2,500 ; but it seems to us there is just as much authority for bringing up new cases under the old law as for hearing old ones. There is nothing in the statute which indicates any intention to make a difference between suits begun and those not begun. If, as is contended, the object of Congress was to raise our jurisdictional amount because of the increase of the judicial force in the District, we[*403] see no good reason why those who had commenced their proceedings for review of old judgments should be entitled to more consideration than those who had not. No declaration of any such object on the part of Congress is found in the law; and when, if it had been the intention to confine the operation of what was done to judgments thereafter rendered or to cases not pending, it would have been so easy to have said so, we must presume that Congress meant the language employed should have its usual and ordinary signification, and that the old law should be unconditionally repealed.

Without more, we conclude that our jurisdiction in the class of cases of which this is one has been taken away, and the writ will accordingly be dismissed, each party to pay his own costs; and it is

So ordered.