Kearney v. Case
Supreme Court of the United States
Error to the Circuit Court, for the District of Louisiana; the case being this The act of Congress of March 3d, 1865, after presenting in its first two sections the-manner in which grand and petit jurors are to. be selected and impanelled in criminal cases, proceeds in its fourth thus to enact: “ Issues of fact in civil cases in any Circuit Court of the United States, may be tried and determined by the court without the intervention of a jury, whenever the parties or…
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Error to the Circuit Court, for the District of Louisiana; the case being this The act of Congress of March 3d, 1865, after presenting in its first two sections the-manner in which grand and petit jurors are to. be selected and impanelled in criminal cases, proceeds in its fourth thus to enact: “ Issues of fact in civil cases in any Circuit Court of the United States, may be tried and determined by the court without the intervention of a jury, whenever the parties or attorneys of record file a stipulation in writing with the clerk of the court waiving a jury ' It then goes on in the same…
1Opinion of the Court
Mr. Justice-MILLER
delivered ,the opitiion of the court.
No question arises on the. process or. pleadings; there is no bill of exceptions, and the plaintiff in error relies on what purports to be a statement of facts in the case to show the error of'which he.complains. That statement is signed-by the defendant in error and by the counsel for the plaintiff’; and doés not profeás to.be facts'found by the judge. The writ of error had been sued out nine months before this paper was signed and filed with the clerk.
It needs no argument to show that this court cannot look into such a paper as part of…
2Cases cited3 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- United States v. RathboneU.S. Circuit Court for the District of Southern New York · 1828
- Sebastian Hiriart, in Error v. Jean Gassies BallonSupreme Court of the United States · 1835
3Cited by82 opinions
- Patton v. United StatesSupreme Court of the United States · 1930
- United States v. HarrisSupreme Court of the United States · 1883
- Bass v. HoaglandCourt of Appeals for the Fifth Circuit · 1949
- Duignan v. United StatesSupreme Court of the United States · 1927
- Bond v. DustinSupreme Court of the United States · 1884
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