Treat v. Jemison, 87 U.S. 652 (1874)
U.S. Supreme Court
Treat v. Jemison, 87 U.S. 20 Wall. 652 652 (1874)Treat v. Jemison
87 U.S. (20 Wall.) 652
Syllabus
A judgment affirmed for want of such an assignment of errors as is required by the twenty-first rule, there being in the record no plain error not assigned and such as the court thought fit to be noticed by it without a proper assignment.
Rule twenty-one of this Court provides that the brief of the counsel for the plaintiff in error shall contain, "in the order here stated:"
1. A statement of the case &c.
"2. An assignment of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and specifically each error asserted and intended to be urged."
And the rule further declares that
"without such an assignment of errors counsel will not be heard, except at the request of the court, and errors not assigned according to this rule will be disregarded, though the court at its option may notice a plain error not assigned."
With these rules, officially published in form * when first made, and long in force and generally acted on at the bar, the present case was brought up here and submitted. The briefs were elaborate, but contained no such assignment of errors as by the rule is prescribed.
U.S. Supreme Court
Treat v. Jemison, 87 U.S. 20 Wall. 652 652 (1874)Treat v. Jemison
87 U.S. (20 Wall.) 652
ERROR TO THE CIRCUIT COURT
FOR THE DISTRICT OF CALIFORNIA
Syllabus
A judgment affirmed for want of such an assignment of errors as is required by the twenty-first rule, there being in the record no plain error not assigned and such as the court thought fit to be noticed by it without a proper assignment.
Rule twenty-one of this Court provides that the brief of the counsel for the plaintiff in error shall contain, "in the order here stated:"
1. A statement of the case &c.
"2. An assignment of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and specifically each error asserted and intended to be urged."
And the rule further declares that
"without such an assignment of errors counsel will not be heard, except at the request of the court, and errors not assigned according to this rule will be disregarded, though the court at its option may notice a plain error not assigned."
With these rules, officially published in form * when first made, and long in force and generally acted on at the bar, the present case was brought up here and submitted. The briefs were elaborate, but contained no such assignment of errors as by the rule is prescribed.
THE CHIEF JUSTICE:
The judgment of the circuit court is affirmed. There is no such assignment of errors in this case as is required by the rule, and we do not see in the record any error that ought to be noticed without an assignment.
* 14 Wall. xi.
Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.