RICHARD RAYNALL KEENE
v.
WARREN WHITTAKER AND OTHERS
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Richard Raynall Keene sought review of a case brought to the Supreme Court on an agreed statement of facts without including the underlying proceedings from the lower court. The Court dismissed the case for lack of jurisdiction, holding that a complete record containing all necessary papers and proceedings must be filed with the Court before it can hear a cause, as required by its established rules.
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Mr. Justice Wayne delivered the opinion of the Court.
This case has been brought to this Court on an agreed statement of facts', without any of the proceedings in the Court below being in the record.
It cannot appear therefore that-this Court has jurisdiction of the case; which is essential before it can give its judgment in any .cause.
We refer, also to the'eleventh arid thirty-first rules of this Court. The eleventh is as follows. “ It is ordered by this Court, that the clerk of the Court-to which any .writ of error shall be directed, riiay make return of the same, by transmitting a,-true copy of the'record, arid of all proceedings in the cause', under his hand, and the seal of the Court.”
The thirty-first rule is: “ No cause will hereafter be heard, until a complete record, containing in itself, without references aliunde, all the papers,’ exhibits, depositions, and other proceedings, which are necessary tb the hearing, shall he filed.
The Court orders this case to be dismissed.
This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the eastern district of Louisiana; and it appearing upon an inspection of the papers filed in the case, that it has been brought here upon an agreed statement of facts, without any of the proceedings in the Court below being in the record. Whereupon it is adjudged and ordered by this Court that this cause be, and the same is hereby,'dismissed with costs.
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Redfield v. Parks, 130 U.S. 623 (U.S. 1889)…g them is filed here the case cannot be heard. As was said in Railway Company v. Stewart, 95 U. S. 279, 284, it is the duty of the party who takes a writ of error “ to see to it that the record is properly presented here.” ' In Keene v. Whittaker, 13 Pet. 459, the Circuit Court had given a judgment for the defendants, on an agreed case, and the record sent here, on a writ of error, contained only the agreed statement of facts and the judgment of the Circuit Court, with the petition for the writ of error…
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