Bartemeyer v. Iowa (81 U.S. 26)

by Samuel Freeman Miller

United States Supreme Court

81 U.S. 26

Bartemeyer  v.  Iowa

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.

Mr. Justice MILLER delivered the opinion of the court.

Notes