HECHT
v.
BOUGHTON
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Supreme Court held that a case from the Wyoming Territorial Supreme Court should have been brought by appeal rather than writ of error, because the case did not involve a trial by jury. Under the Act of April 7, 1874, cases from territorial courts involving jury trials must be reviewed by writ of error, while all other cases must be reviewed by appeal, making the presence or absence of a jury trial the determinative factor for the form of proceeding.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Mr. Chief Justice Waite delivered the opinion of the court.
This is a writ of error to the Supreme Court of the Territory of Wyoming, to bring up-for review the. judgment' in a suit, where there.-was not a trial by jury. A motion is now made to-dismiss, because the case should -have -been brought here by appeal, and not by writ.of error. The second section of the act of April 7, 1874, c. 80 (18 Stat., pt. 3, p. 27), is as follows: —
“That the appellate jurisdiction-of the Supreme Court of the United States over the judgments and decrees of said territorial courts in' cases of trial b.y jury shall-be exercised by writ of error, and in all other cases by appeal,' according to such rules and regulations as to form-and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe:
“ Provided, that on appeal, instead of the evidence át large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall-be made and certified by the court' below, and transmitted to the Supreme Court,' together with the transcript of the proceedings, and judgment or decree; but no appellate proceedings in said Supreme Court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ-of error or appeal:
“ And provided further, that the appellate court may make any order in any case heretofore appealed which may be necessary to save the rights of parties; and 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.” This statute seems to us conclusive of the present motion. In allowing legal and equitable remedies to be sought in the same action before the territorial courts, Congress saw fit to establish an inflexible rule by which it could be determined whether a case should be brought here from those courts for review by writ of error or appeal, and provided that cases tried by a jury should come om writ of error, and all others by appeal. This makes the form of proceeding depend on the single fact of whether there has been or not, a trial by jury. Stringfellow v. Cain, 99 U. S. 610. We are not to consider the testimony in any case. Upon a writ of error we are confined to the bill of'exceptions, or questions-of law otherwise presented by the record; anjd upon an appeal, to the statement of' facts and rulings certified by the court below. The facts set forth in the statement which must come up. with the appeal, are conclusive on.us. Under these circumstances, the form of proceeding to get a review is-not of so much importance as certainty about what is to be done.
We cannot agree with counsel for the plaintiff in error that the-act qf Congress was intended to apply only to those Territories where the distinction between suits-at law and suits in equity had actually been abolished. From the preamble it may fairly_.be inferred that.the-object of the legislation was to prevent embarrassments growing out of the mingling of jurisdictions ; Nut the statute as it stands clearly applies to all territorial courts. -
Motion granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (30 total)
-
In re Advisory Opinion to Governor, 94 Fla. 967 (Fla. 1927)…ars the Constitution of 1885 means the same as did the Constitution of 1868. The instrument upon which money was borrowed in this' case is under the seal of the State Road Department of the State of Florida. Davenport v. Dodge County, 105 U. S. 237, 26 L. Ed. 1018. The constitutional provision under consideration in' the Cheney case provided as "follows: ‘ ‘ The Legislature shall [*983] provide for raising revenue sufficient to defray the expenses of the State for each fiscal year, and also a sufficient sum…
-
Bierce v. Hutchins, 205 U.S. 340 (U.S. 1907)…Mr. Justice Holmes delivered the opinion of the court. This is an appeal from a decision upon a bill of exceptions [*344] in a case tried by the court of first instance without a jury. Hecht v. Boughton, 105 U. S. 235. The facts were found-by the trial court and certain conclusions of law were stated, which tiie Supreme Court of the Territory held to be wrong. It sustained the exceptions upon one point which went to the root of' the plaintiff’s cause of action, a…
-
Idaho & Or. Land Improvement Co. v. Bradbury, 132 U.S. 509 (U.S. 1889)…tions of law otherwise presented by the record; and upon an appeal, to the statement of facts and rulings certified by the court below. The facts set forth in the statement which must come up with the appeal are conclusive on us.” Hecht v. Boughton, 105 U. S. 235, 236. The provision of this act, permitting a writ of error “ in cases of trial by jury ”• only, evidently has regard to a trial by jury, as in an action at common law, in which there is and must be a trial by jury, and the coui’t is not authorized…1 / 2
Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stringfellow v. Cain, 99 U.S. 610 (U.S. 1878)