Brown v. Torrey

Wheeler, Ch. J.

The plaintiff in error seeks to reverse the judgment, on the ground that one of the plaintiffs below was dead at the date of its rendition, and submits to this court affidavits to prove the truth of this assignment of error. But the fact of such death does not appear by the record. It was not suggested, or otherwise brought to the notice of the court below; and nothing can ba more perfectly clear, than that this court can only revise the judgment of the District Court, for errors apparent upon the record. To entertain the question of fact for *55decision, for the first time, in…