Payne v. Niles

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the eastern district of Louisiana.

As originally brought, the suit was Niles & Co. v. Knox, and the circumstances which led to the change of title are stated in the opinion of the court.

On the 8th of February, 1856, the Circuit Court dismissed the intervention, with costs, when the intervenors sued out a writ of error, and brought the case up to this court.

It was argued by Mr. Chilton for the plaintiffs in error, and by Mr. Benjamin for the defendant. There were also briefs of Mr. Chilton and Mr. Davidge for the plaintiffs in error, and Mr. Pike for the defendant.

Mr. Benjamin thus noticed the point upon which the decision of the court turned:

1st. The writ of error must be dismissed. There is no such record as is required by the eleventh and thirty-first rules of the court. There is nothing but a petition of intervention, and an agreed statement of facts without any date, but which seems to have been made up after the new trial was refused; no answer, no pleadings, no bill of exceptions. (Keene v. Whitaker, 13 Pet., 459; Curtis v. Petitpain, 18 How., 110.)

2d. The judgment appealed from is one of which this court has no jurisdiction; the writ ought to be dismissed. (Bayard v. Lombard, 9 How., 550; Curtis v. Petitpain, 18 How., 110.)

Mr. Chief Justice TANEY delivered the opinion of the court.