Watson v. Mercer

The opinion of the court was delivered by

Tod, J.

It appears to us that a writ of error, for error in fact only, lies not in this court in this case. It is settled by all the authorities, that matters of fact, when alleged for error, must be tried by jury, and not otherwise. The law has given us.no jury in this district; therefore, in our opinion, it has given us no jurisdiction in this case. Nothing can well be imagined more nugatory than to *344affect an authority which must'exist only by the consent of. the party complained of. It certainly must be but a pretence of ju* risdiction which can be…