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.
MR. JUSTICE CATRON delivered the opinion of the Court.
Coleman sued Verden in a state court of Indiana on a note of
hand, and a mortgage of lands to secure its payment. On various
pleadings and proofs, the cause was submitted for judgment to the
court, the parties having dispensed with a jury. Judgment was
rendered against Verden, who appealed to the Supreme Court of
Indiana. There, the judgment of the circuit was affirmed.
This occurred on the 26th day of June, 1858. And then we find
the following entry of record:
"And afterwards, to-wit, at a court began and held on the 24th
of May, 1858, and continued from day to day till July 16th, 1858,
at which time come the appellant, by Hon D. Mace, his attorney, and
prays an appeal to the United States supreme court, which prayer is
granted. "
Page 63 U. S. 193
Bond was given to prosecute the appeal, and the clerk certifies
the record to be a true copy of the proceedings.
No
appeal can be taken from the final decision of a
state court of last resort, under the twenty-fifth section of the
Judiciary Act, to the Supreme Court of the United States. A writ of
error alone can bring up the cause. We refer to the appendix of
Curtis' Digest for the mode.
It is ordered that the case be dismissed.