United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bartemeyer v. Iowa, 81 U.S. 14 Wall. 26 26 (1871)

Bartemeyer v. Iowa

81 U.S. (14 Wall.) 26

Syllabus

When a supreme court of a state is composed of a chief justice and several associates, writs of error to the court under the 25th section of the Judiciary Act must be signed by the chief justice, and if signed by one of the associates only, it will be dismissed for want of jurisdiction.

The 25th section of the Judiciary Act, quoted supra, p. 81 U. S. 5-6, which gives a right to this Court to reexamine, in certain cases specified, the final judgment or decree of any suit in the highest court of law or equity in which a decision in the suit could be had, says that the same.

"May be reexamined, and reversed or affirmed, in the Supreme Court of the United States, upon a writ of error, the citation

Page 81 U. S. 27

being signed by the chief justice, or judge, or chancellor of the court rendering or passing the judgment or decree complained of; or by a justice of the Supreme Court of the United States."

This statute being in force, one Bartemeyer sought to bring here, under the 25th section thus referred to, of the Judiciary Act, a judgment rendered by the Supreme Court of Iowa. That court is composed of a chief justice and three associates. The writ was allowed by one of these last.