Downes v. Scott

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Court Documents

United States Supreme Court

45 U.S. 500

Downes  v.  Scott

THIS case was brought up from the Ninth Judicial District Court of the State of Louisiana, by a writ of error issued under the twenty-fifth section of the judiciary act.

Mr. Crittenden, for the defendant in error, moved to dismiss the writ for the following reasons. Because,--1st. Said writ of error is directed to the 'Judge of the Ninth Judicial District Court of the State of Louisiana,' when in truth no writ of error lies from this to that court.

2d. Said writ is for alleged error in a judgment of the said District Court of Louisiana, when in truth this court has no jurisdiction to judge of or correct said error if it exists, and no power to reverse said judgment upon writ of error.

3d. That the record filed in this case, or what purports to be such, is not duly certified, or legally authenticated and verified,-the certificate of 'John T. Mason, clerk of the Ninth District Court, Parish of Madison, La.,' being no evidence of the truth or verity of any record which this court has power to judge of on writ of error.

4th. The subject-matter of said suit and judgment, and the parties thereto, were proper matters and subjects of the jurisdiction of the courts of the State of Louisiana, and there is nothing therein to give this court any cognizance or right to revise or reverse said judgment, and the same is final and conclusive.

The motion was argued by Mr. Crittenden, for the defendant in error, and Mr. Mason (Attorney-General), for the plaintiff in error.

Mr. Justice McLEAN delivered the opinion of the court.

Notes[edit]

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).