Nielsen v. Steinfeld
224 U.S. 534 (1912)

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U.S. Supreme Court

Nielsen v. Steinfeld, 224 U.S. 534 (1912)

Nielsen v. Steinfeld

No. 218

Argued April 17, 18, 1912

Decided May 13, 1912

224 U.S. 534

Syllabus

There are exceptions to the general rule that a judgment on appeal from a territorial court should be affirmed where the record contains no exceptions or the statement of facts required by the statutes to enable the reviewing power to be exerted, and so held, in this case, that it is reversible error where the supreme court of a territory refuses to perform its legally imposed duty of making its own statement of facts or adopting that of the trial court.

Where the judgment of a supreme court of a territory is reversed for refusal to perform the statutory duty of making a statement, the case stands as though the appeal from the trial court were still pending, and if the territory has been admitted as a state since the record came to this Court, and the case is one within the jurisdiction of the state courts, it will be remanded to the supreme court of such state.

12 Ariz. 381 reversed.

The facts, which involve practice regulating appeals from supreme courts of the territories, are stated in the opinion.

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