For the reasons stated in the opinion of the Court, it is
(1) that this Court has no jurisdiction to review the
judgment of the circuit court in this case, and (2) that the writ
of error was brought too late.
Page 157 U. S. 428
MR. CHIEF JUSTICE FULLER.
This was an action brought by the United States in the Circuit
Court of the United States for the Eastern District of Texas
against the firm of Lutcher & Moore, of that district, doing a
milling and manufacturing business at Orange, Texas, to recover
damages for cutting, carrying away, and converting to their own use
certain timber, the property of the United States. Judgment was
rendered in favor of the United States March 11, 1891. April 3,
1891, a writ of error was allowed from the Circuit Court of Appeals
for the Fifth Circuit. The record does not disclose what
proceedings were had thereon in that court. July 2, 1891, a writ of
error from this Court was sued out and filed, the bond thereon
being approved and the citation signed July 10, 1891. The petition
for the allowance of the writ states that the circuit court of
appeals refused to allow the cause to be docketed and the
transcript of record to be filed therein, on the ground that the
cause should have been taken to this Court, and not to that court.
But the last clause of section 6 of the Judiciary Act of March 3,
1891, refers to the circuit court of appeals, and not to the
circuit court, and this writ of error is to the circuit court, and
not to the circuit court of appeals, and does not therefore reach
the proceedings in the latter court. We perceive no ground on which
this Court has jurisdiction to review the judgment of the circuit
court on this writ, and moreover it was brought too late.
Cincinnati Safe & Lock Co. v. Grand Rapids Deposit
Co., 146 U. S. 54
Either objection is fatal.
Writ of error dismissed.