Story v. Black/Opinion of the Court

This is a writ of error to the supreme court of the territory of Montana, to bring up for review the judgment in a suit where there was not a trial by jury. Under the act of April 7, 1874, c. 80, § 2, (18 St. pt. 8, p. 27,) the case should have been brought up by appeal, and the writ of error is therefore dismissed. Hecht v. Boughton, 105 U.S. 235; U.S. v. Railroad Co., Id. 263; Woolf v. Hamilton, 108 U.S. 15; S.C.. 1 Sup. Ct. Rep. 139. The question is no longer open in this court. The statutory rule is jurisdictional.