Verden v. Coleman - 63 U.S. 192 (1859)
U.S. Supreme Court
Verden v. Coleman, 63 U.S. 22 How. 192 192 (1859)
Verden v. Coleman
63 U.S. (22 How.) 192
No appeal can be taken from the final decision of a state court of last resort under the 25th section of the Judiciary Act, to the Supreme Court of the United States. A writ of error alone can bring up the cause.
This was a case of foreclosure of a mortgage brought in the Benton Circuit Court (state court). In the progress of the trial, there was a bill of exceptions signed and sealed by the presiding judge, and the case then carried up by appeal to the supreme court of the state. That court affirmed the judgment of the court below, upon which an appeal was prayed to the United States Supreme Court, which prayer was granted. The appeal bond recited that Samuel Verden hath "prosecuted a writ of error to the Supreme Court of the United states," &c., but no writ of error was sued out.
It is not necessary to notice the nature of the case any further.