Supreme Court of the United States, 1869

Generes v. Bonnemer

Supreme Court of the United States · Decided April 12, 1869 · Miller

74 U.S. 564; 19 L. Ed. 227; 7 Wall. 564; 1868 U.S. LEXIS 1035 (United States Reports)

Counsel

The case was submitted by Mr. Janin'for the plaintiff in error, and by Mr. Durani, contra, pointing out the peculiarity of the record.

Cases that cite this one

6 later published cases cite this decision.

United States v. Aluminum Co. of America (District Court, S.D. New York 1941)
Martin v. Drexel Ice Cream Co. (7th Cir. 1935)
Ex parte Buskirk (4th Cir. 1896)
United States v. Claasen (U.S. Circuit Court for the District of Southern New York 1891)
Coughlin v. District of Columbia (Supreme Court of the United States 1882)
Snell v. Dwight (Mass. 1876)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Justice MILLER

delivered the opinion of the court.

To permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this court by the service of the writ of error, or even after it is issued, would place the rights of parties who have judgments of record, entirely in the power of the judge, without hearing and without remedy. The statement of facts, filed without consent of the parties, must be treated as a nullity;, and, as there is nothing,on which error of the court below can be predicated, the judgment must be

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.