McGuire v. Newbill

Moore, Chief Justice.

We are asked to affirm the judgment of the district court in this case, on certificate, without reference to the merits. It is manifest that'this cannot be done, unless we disregard the settled rule of decisions of the court in this class of cases, from the enactment of the law under which the judgmént is asked, to the present time.

To warrant a judgment on certificate without reference to the merits, the plaintiff in error must appear on the face of the certificate to be in default by failure to file" the transcript of the proceeding had in the court below in this court…