Montana Railway Co. v. Warren
137 U.S. 348 (1890)

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U.S. Supreme Court

Montana Railway Co. v. Warren, 137 U.S. 348 (1890)

Montana Railway Company v. Warren

No. 80

Argued November 18-19, 1890

Decided December 8, 1890

137 U.S. 348

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF MONTANA

Syllabus

In this case, the record contained the pleadings and a motion for a new trial, which motion was authenticated by the trial judge and set forth at length all the proceedings at the trial, including the evidence, the exceptions to testimony, the instructions to the jury, the exceptions to those instructions, a bill of exceptions in due form, properly certified by the presiding judge, the verdict, and the judgment on the verdict. This proceeding was in accordance with the practice authorized by the Statutes of Montana. Held that it was sufficient for the purposes of review here. Kerr v. Clampitt,95 U. S. 188, distinguished from this case.

In this Court inquiry is limited to matters presented to and considered by the court below unless the record presents a question not passed upon by that court which is vital either to the jurisdiction or to the foundation of right, and not simply one of procedure.

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