Hecker v. Fowler

This was covenant brought in the Circuit Court for the southern district of New York. While the cause was pending there, it was referred by consent. The referee found for the plaintiff. The court entered judgment on the award, and the defendant below took this writ of error. The defendant in error (plaintiff below) moved to dismiss the writ of error, and affirm the judgment.

Mr. Andrews, of New York, in support of the motion. The iacts are not found in a general or special verdict, nor agreed on in a case stated, and there is no bill of exceptions. This court must, therefore, affirm the judgment, unless there is error apparent on the face of the record. Graham vs. Bayne, (18 How., 60;) Guild vs. Frontin, (18 How., 135;) Suydam vs. Williamson, (20 How., 427;) Kelsey vs. Forsyth, (21 How., 85;) Campbell vs. Boyreace, (21 How., 223.) There is no error on the fact of this record.

Mr. Monroe, of New York, resisted the motion.

Mr. Chief Justice TANEY.