Bartemeyer v. Iowa
| Decision Date | 01 December 1871 |
| Parties | BARTEMEYER v. IOWA |
| Court | U.S. Supreme Court |
ERROR to the Supreme Court of the State of Iowa; the case being thus:
The 25th section of the Judiciary Act, quoted supra, p. 5-6, which gives a right to this court to re-examine, 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 re-examined, and reversed or affirmed, in the Supreme Court of the United States, upon a writ of error, the citation 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. The case, in this court, was submitted on printed briefs, in advance of its regular call, by Mr. W. T. Dittoe, for the plaintiff in error, and Mr. H. O.'Commor, contra; no objection being taken by the latter to the fact that the writ was not signed by the chief justice of the Supreme Court of Iowa; and the case being argued in the briefs on merits.
This case is submitted to us on printed argument. In this class of cases the court has been in the habit of examining the record to see if it has jurisdiction whether the question is raised by counsel or not; and the case before us we find ourselves compelled to dismiss, because there is no proper allowance of the writ of error.
Writs of error to the Circuit Court, under the 22d section of the Judiciary Act, issue as a matter of course, and can be obtained from the clerk of the Circuit Court, and, when filed in his office by the party, are duly served. But writs of error to the State courts can only issue when one of the questions mentioned in the 25th section of that act was decided by the court to which the writ is directed, and in order that there may be some security that such a question was decided in the case, the statute requires that the citation must be 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...
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...c. 339, § 86; 36 Stat. 1087, 1158, c. 231, § 246, amended 38 Stat. 804, § 2; section 999, Rev. St., now 28 USCA § 868; Bartemeyer v. Iowa, 14 Wall. 26, 20 L. Ed. 792; Havnor v. New York, 170 U. S. 408, 18 S. Ct. 631, 42 L. Ed. 1087. Although the writ of error was abolished by Act of January......
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... ... Johnson, 1943, 319 U.S. 302, 63 S.Ct. 1075, 87 L.Ed. 1413; Atherton Mills v. Johnson, 1922, 259 U.S. 13, 15, 42 S.Ct. 422, 66 L.Ed. 814; Bartemeyer v. Iowa, 1873, 18 Wall. 129, 134-135, 20 L.Ed. 792; Cleveland v. Chamberlain, 1861, 1 Black 419, 17 L.Ed. 93; Lord v. Veazie, 1850, 8 How. 250, 12 ... ...
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...of the court rendering the judgment or passing the decree complained of, or by a justice of this court; and it was held in Bartemeyer v. Iowa, 14 Wall. 26, that when the supreme court of a state is composed of a chief justice and several associates, and the judgment complained of was rneder......
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