GENERES
v.
BONNEMER

U.S. | 1868-12-01
7 Wall. 564 Supreme Court of the United States (1868) Positive Treatment
Also reported at: 19 L. Ed. 227 · SCDB 1868-074 · 1868 U.S. LEXIS 1035
Cited by 38 cases
Opinion of the Court
Mr. Justice MILLER

Mr. Justice MILLER delivered the opinion of the court.

To permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this court by the service of the writ of error, or even after it is issued, would place the rights of parties who have judgments of record, entirely in the power of the judge, without hearing and without remedy. The statement of facts, filed without consent of the parties, must be treated as a nullity;, and, as there is nothing,on which error of the court below can be predicated, the judgment must be

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (18 total)

  • United States & Linda Stout v. Jefferson Cnty. Bd. OF Educ., 380 F.2d 385 (5th Cir. 1967)
    …ol systems? What measures will be employed to avoid resegregation through families removing their residences from the sehool system? Granted this is an extreme example but it is nevertheless a factual situation. . 7 Wall. 700, 720, 74 U.S. 700, 720,19 L.Ed. 227 (1868).…
  • State OF Ala. v. United States, 304 F.2d 583 (5th Cir. 1962)
    …act between sovereigns. * * ” [P. 595 [66 S.Ct. p. 320]] Chief Justice Chase of Ohio, an ap pointee of President Lincoln, speaking foi a court no one of whom came from a Confederate State, used these words in Texas v. White, 1868, 7 Wall. 700, 725, 19 L.Ed. 227: “And we have already had occasion to remark at this time that ‘the people of each state compose a state, having its own government, and endowed with all the functions essential to separate and independent existence,’ and that ‘without the states i…
  • Shelby Cnty. v. Holder, 570 U.S. 529 (U.S. 2013)
    …es. Northwest Austin,supra, at 203, 129 S.Ct. 2504 (citing United States v. Louisiana, 363 U.S. 1, 16, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960) ; Lessee of Pollard v. Hagan, 3 How. 212, 223, 11 L.Ed. 565 (1845) ; and Texas v. White, 7 Wall. 700, 725-726, 19 L.Ed. 227 (1869) ; emphasis added). Over a hundred years ago, this Court explained that our Nation "was and is a union of States, equal in power, dignity and authority." Coyle v. Smith, 221 U.S. 559, 567, 31 S.Ct. 688, 55 L.Ed. 853 (1911). Indeed, "the co…

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