Bethell v. Mathews
Supreme Court of the United States
Bethell v. Mathews, 80 U.S. 1 (1872)
20 L. Ed. 556; 13 Wall. 1; 1871 U.S. LEXIS 1300
Bethell v. Mathews
Opinion
It has been often decided that a plaintiff in error cannot take advantage of rulings upon exceptions in his own favor, even if erroneous. Nor can a statement of facts signed by *3 counsel be noticed upon error. * In this case, then, not only was the statement so signed, but it’ does not appear to have been made and filed until after the judgment.
There is, therefore, no error in the record, or none of which we can take notice. The judgment of the Circuit Court for the District of Louisiana must be
Affirmed.
*
Generes v. Bonnemer, 7 Wallace, 564; Avendano v. Gay, 8 Id. 376; Kearney v. Case, 12 Id. 276.
Reference
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. A plaintiff in error cannot take advantage of exceptions in his own favor even if erroneous; a matter often decided before. 2. Under the act of March 3d, 1865, authorizing the trial of facts by Circuit Courts, the court must itself find the facts in order to authorize a writ of error to its judgment. A statement of facts signed by counsel and filed after the judgment is insufficient. 3. Where in a case tried under the above-mentioned act the record, owing to the manner in which things have been done below, presenta a case as of a judgment rendered on a general verdict in favor of the defendant in error, and does not present any question arising on the pleadings, nor any ruling against the plaintiff in error, the judgment will be affirmed.