O'Brien v. Benny

The opinion of the court was delivered by

Garrison, J.

This writ of error must be dismissed. It is brought directly in the face of an act of the legislature forbidding “ the bringing of any writ of error to reverse any judgment of the Supreme Court rendered on any appeal taken to the Supreme Court from the judgment of any Circuit Court in any case of contested election.” Pamph. L. 1894, p. 491.

The judgment sought to be brought here by this writ is such a judgment. The appeal given by the legislature from the Circuit to the Supreme Court is by the act above recited made final. This whole…