Hecker v. Fowler

Supreme Court

Hecker v. Fowler

66 U.S. 95, 17 L. Ed. 45, 1 Black 95, 1861 U.S. LEXIS 456

CourtSupreme Court of the United States

DecidedJanuary 18, 1862

StatusPublished

Cited by2 cases

This text of 66 U.S. 95 (Hecker v. Fowler) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hecker v. Fowler, 66 U.S. 95, 17 L. Ed. 45, 1 Black 95, 1861 U.S. LEXIS 456 (1862).

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Opinion

Mr. Chief Justice TANEY.

We are asked to. dismiss this writ because no error appears on the face of the record. It is not necessary, by the practice of this court, for the party who brings a cause here to specify upon the record the errors he complains of, and they are not even informally brought to our notice until the argument is heard. Want of jurisdiction and irregularity of the writ are tlie only grounds for dismissal. Where a judgment appears to have been rendered which the party is entitled to have revised in this court, and it is also seen that it comes here for such revision upon proper process, duly issued, all other questions must await the final hearing. To say that there is no error in this judgment, and affirm it *96 for that reason, would be to decide the whole legal merits; of the case, and this we cannot do-on a motion to dismiss or quash the writ.

Motion denied.

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Mr. Chief Justice TANEY.

We are asked to. dismiss this writ because no error appears on the face of the record. It is not necessary, by the practice of this court, for the party who brings a cause here to specify upon the record the errors he complains of, and they are not even informally brought to our notice until the argument is heard. Want of jurisdiction and irregularity of the writ are tlie only grounds for dismissal. Where a judgment appears to have been rendered which the party is entitled to have revised in this court, and it is also seen that it comes here for such revision upon proper process, duly issued, all other questions must await the final hearing. To say that there is no error in this judgment, and affirm it *96 for that reason, would be to decide the whole legal merits; of the case, and this we cannot do-on a motion to dismiss or quash the writ.

Motion denied.

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Bluebook (online)

66 U.S. 95, 17 L. Ed. 45, 1 Black 95, 1861 U.S. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hecker-v-fowler-scotus-1862.

Opinion

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