Whether or not a record contains a bill of exceptions or
statement of facts by the court, according to the practice in
Louisiana, by which any question of law is brought up for revision
in such a form as to enable this Court to decide upon it, and
whether or not there is a mass of various and conflicting testimony
in relation to facts upon which no jurisdiction can be exercised
upon a writ of error are questions to be decided only upon the
final hearing of the cause.
The court will not go into this inquiry upon a motion to dismiss
the writ of error before the cause is taken up for argument.
Page 42 U. S. 288
MR. CHIEF JUSTICE TANEY delivered the opinion of the Court.
A motion has been made to dismiss the writ upon the ground that
the record contains no bill of exception nor statement of facts by
the court, according to the practice in Louisiana, by which any
question of law is brought up for revision in such a form as to
enable this Court to decide upon it, and that there is a mass of
various and conflicting testimony in relation to facts upon which
no jurisdiction can be exercised upon a writ of error.
Assuming this statement to be correct, it does not follow that
advantage can be taken of it upon a motion to dismiss. The record
shows that a judgment was rendered in the circuit court over which
this Court undoubtedly have jurisdiction upon a writ of error. The
plaintiffs allege that there is error in law in this judgment, and
have brought it here for the revision of this Court. And upon the
argument of the case, it will be incumbent upon
Page 42 U. S. 289
them to show that the record presents, in some form or other, a
statement of facts upon which a question of law arose in the
circuit court and which was there erroneously decided. And if he
fails to do this, the judgment must be affirmed. But he is entitled
to be heard in order that he may show, if he can, that the error of
which he complains appears in the record, and whether it does so
appear or not is a matter which cannot be inquired into in the form
in which the case is now brought before us.
The motion must therefore be
Dismissed.
Order
On consideration of the motion made in this cause on a prior day
of the present term of this Court, to-wit, on Saturday, the 18th
ult., by Mr. Webster, to dismiss this writ of error for the want of
jurisdiction, and of the arguments of counsel thereupon had as well
in support of as against the said motion, it is thereupon now here
considered and ordered by this Court that the said motion be and
the same is hereby dismissed.