Legal Opinion

Bartemeyer v. Iowa

Supreme Court of the United States

Decided February 26, 1872PublishedCited by 7 opinions

Error to the Supreme Court of the State of Iowa; the case being thus: The 25th section of the Judiciary Act, quoted supra, p. 5-6, which gives a right to this court to re-examine, in certain cases specified, the final judgment or decree of any suit in the highest court of law or equity in which a decision in the suit could be had, says that the same “May be re-examined, and reversed or affirmed, in the Supreme Court of the United States, upon a writ of error, the citation…

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Error to the Supreme Court of the State of Iowa; the case being thus: The 25th section of the Judiciary Act, quoted supra, p. 5-6, which gives a right to this court to re-examine, in certain cases specified, the final judgment or decree of any suit in the highest court of law or equity in which a decision in the suit could be had, says that the same “May be re-examined, and reversed or affirmed, in the Supreme Court of the United States, upon a writ of error, the citation being signed by the chief justice, or judge, or chancellor of the court rendering or passing the judgment or decree…

1Opinion of the CourtJustice Miller

This case is submitted to us on printed argument. In this class of cases the court has been in the habit of examining the record to see if it has jurisdiction whether the question is raised by counsel or not; and the case before us we find ourselves compelled to dismiss, because there is no proper allowance of the writ of error.

Writs of error to the Circuit Court, under, the 22d section of the Judiciary Act, issue as a matter of course, and can be obtained from the clerk of the Circuit Court, and, when filed in his office by the party, are duly served. But writs of error to the State courts…

2Cited by7 opinions

  1. Alaska Packers Assn. v. PillsburySupreme Court of the United States · 1937
  2. Butler v. GageSupreme Court of the United States · 1891
  3. Felix v. ScharnweberSupreme Court of the United States · 1888
  4. Territory of Hawaii v. GayCourt of Appeals for the Ninth Circuit · 1931
  5. FIRST NATIONAL BANK IN MENA v. NowlinDistrict Court, E.D. Arkansas · 1974

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