DELAND
v.
PLATTE COUNTY
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F. N. Deland brought an action against Platte County on bonds and coupons, and the trial court entered judgment for the county. Deland appealed to the Supreme Court, but the Court dismissed the appeal because the case could only be reviewed by writ of error, not by appeal, as writs of error were the proper mechanism for reviewing final judgments from Circuit Courts under federal law. The Court held that the appellate jurisdiction of the Supreme Court is regulated solely by acts of Congress, regardless of procedures permitted under state law.
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The Chief Justice :
This was an action of assumpsit brought by F. N. Deland against the county of Platte to recover on certain bonds and coupons in the petition set forth. The case was submitted to the court for trial, a jury having been waived by agreement of the parties. The court made findings of fact and gave an opinion, which concluded thus: “ On the facts of this case I declare the law to be that the plaintiff cannot recover.”
November 5,1890, judgment was. entered for the defendant, preceded by the' recital of a general finding in its favor. Motion for new tri^l was made and overruled, and defendant moved “ for appeal, which, motion was by the court sustained and appeal allowed,” and plaintiff was granted time for bill of exceptions. The record then states that plaintiff presented “ his bond for appeal '. . . which bond was approved by .the clerk and filed in said cause,” but the bond is not set out. Then follows an assignment of errors and bill of exceptions. No writ of error was issued or citation signed, and no appearance has been entered for the county of Platte. The record was filed in this court February-2, 1891.
In many jurisdictions an appeal from a court of general jurisdiction is in the nature of a writ of error, but that is not so in respect of the Circuit Courts of the United States, 'as to which the distinction between the two modes of review has generally, if not always, been observed in the acts of Congress.
Whatever the course pursued in the courts of the State of Missouri under the statutes of that State in relation to the allowance of appeals, the appellate jurisdiction of this court is regulated by the acts of Congress, and final judgments of the Circuit Court in cases such as this can only be revised on writ of error. Appeal dismissed.
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Bessette v. W. B. Conkey Co., 194 U.S. 324 (U.S. 1904)…rded as interlocutory — we are of opinion that there is a right of review in the Circuit Court of Appeals. Such review must, according to the settled, law of this court, be by writ of error. Walker v. Dreville, 12 Wall. 440; Deland v. Platte County, 155 U. S. 221; Bucklin v. United States, 159 U. S. 680. On such a writ only matters of law are considered. The decision of the trial tribunal, court or jury, deciding the facts, is conclusive as to them. We, therefore, answer the questions in this way: The secon…
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Four Hundred and Forty-Three Cans of Frozen Egg Product v. United States, 226 U.S. 172 (U.S. 1912)
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Behn v. Campbell & GO Tauco, 205 U.S. 403 (U.S. 1907)…only by writ of error. This in the absence of modification by statute is the rule in respect to all courts whose records are brought here for review. Walker v. Dreville, 12 Wall. 440; United States v. Hailey, 118 U. S. 233; Deland v. Platte County, 155 U. S. 221; Comstock v. Eagleton, 196 U. S. 99. The defendant, having failed in its appeal, has now brought a writ of error and asks this court to review the facts to the same extent that they would be reviewed on appeal. But this overlooks the vital distinct…
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