Hecker v. Fowler
Supreme Court of the United States
This was covenant brought in the Circuit Court for the southern district of New York. While the cause was-pending there, it was referred by consent. The referee found for the plaintiff. The court entered judgment on the award, and the defendant below took this writ of error. The defendant in error (plaintiff below) moved to dismiss the writ of error, and affirm the judgment.
1Opinion of the CourtChief Justice Taney
We are asked to. dismiss this writ because no error appears on the face of the record. It is not necessary, by the practice of this court, for the party who brings a cause here to specify upon the record the errors he complains of, and they are not even informally brought to our notice until the argument is heard. Want of jurisdiction and irregularity of the writ are tlie only grounds for dismissal. Where a judgment appears to have been rendered which the party is entitled to have revised in this court, and it is also seen that it comes here for such revision upon proper process, duly issued,…
2Cited by2 opinions
- Sparrow v. StrongSupreme Court of the United States · 1866
- Philadelphia Casualty Co. v. FechheimerCourt of Appeals for the Sixth Circuit · 1915