STORY
v.
BLACK

U.S. | 1886-11-15
119 U.S. 235 Supreme Court of the United States (1886) Caution
Also reported at: 30 L. Ed. 341 · 7 S. Ct. 176 · SCDB 1886-025 · 1886 U.S. LEXIS 1981
Cited by 10 cases
Opinion of the Court
Mu. Chief Justice' Waite

Mu. Chief Justice' Waite delivered the opinion of the court.

This is a writ of error to the Supreme Court of the Territory. of Montana to bring up for review the judgment-in a suit where there was not a; trial by jury. Under the Act of April-7; 1874, c.' 80, §-2, 18 Stat. 27,'the case should .have -been brought up by appeal’ and the writ of error' is therefore dismissed. Hecht v. Boughton, 105. U. S. 235; United States v. Railroad Co., 105 U. S. 263; Woolf v. Hamilton, 108 U. S. 15. The question is no longer opeh in this' court. ' The statutory rule is jurisdictional.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bierce v. Hutchins, 205 U.S. 340 (U.S. 1907)
  • Idaho & Or. Land Improvement Co. v. Bradbury, 132 U.S. 509 (U.S. 1889)
    …s been duly waived, or because the issues tried are issues of law only,) the appellate jurisdiction of this court must be invoked by appeal, and not by writ of error. Davis v. Alvord, 94 U. S. 545; Davis v. Fredericks, 104 U. S. 618; Story v. Black, 119 U. S. 235. It must also be borne in mind that, as already seen,- in either class of cases, whether equitable or legal, coming up by appeal from a Territorial coui’t after a hearing,or trial on the facts, the evidence at large cannot be brought up, (as it is…
  • Okla. City v. McMASTER, 196 U.S. 529 (U.S. 1905)

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