Keene v. Whittaker
Supreme Court of the United States
THIS case came up from the Circuit Court of the United States for the eastern district of Louisiana. . In that Court a statement of the case, had been made by the plaintiff, and the counsel.for the'defendants, upon which the Court gave a judgment for the defendants. The plaintiff petitioiied the Circuit Court for- a writ of error to the Supreme Court, and the same was allowed.
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THIS case came up from the Circuit Court of the United States for the eastern district of Louisiana. . In that Court a statement of the case, had been made by the plaintiff, and the counsel.for the'defendants, upon which the Court gave a judgment for the defendants. The plaintiff petitioiied the Circuit Court for- a writ of error to the Supreme Court, and the same was allowed. The record as sent up from the Circuit Court contained nothing but the, agreed-statement of facts, the judgment of the Circuit Court on these facts, and the petition of the defendant for a writ of error; together with…
1Opinion of the CourtJustice Wayne
This case has been brought to this Court on an agreed statement of facts', without any of the proceedings in the Court below being in the record.
It cannot appear therefore that- this Court has jurisdiction of the case; which is essential before it can give its judgment in any .cause.
We refer, also to the'eleventh arid thirty-first rules of this Court. The eleventh is as follows. “ It is ordered by this Court, that the clerk of the Court-to which any .writ of error shall be directed, riiay make return of the same, by transmitting a,-true copy of the'record, arid of all proceedings in the…
2Cited by6 opinions
- Drybrough v. WareCourt of Appeals for the Sixth Circuit · 1940
- Redfield v. ParksSupreme Court of the United States · 1889
- Meyer v. Mansur & Tebbetts Implement Co.Court of Appeals for the Fifth Circuit · 1898
- Curtis v. PetitpainSupreme Court of the United States · 1856
- Kansas v. MeriwetherCourt of Appeals for the Eighth Circuit · 1909
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