Verden v. Coleman (63 U.S. 192)

THIS was an appeal from the Supreme Court of the State of Indiana, purporting to be brought up under the twenty-fifth section of the judiciary act.

It was a case of foreclosure of a mortgage brought in the Benton Circuit Court, (State court.) In the progress of the trial, there was a bill of exceptions signed and sealed by the presiding judge, and the case then carried up by appeal to the Supreme Court of the State. That court affirmed the judgment of the court below, upon which an appeal was prayed to the United States Supreme Court, which prayer was granted. The appeal bond recited that Samuel Verden hath 'prosecuted a writ of error to the Supreme Court of the United States,' &c., but no writ of error was sued out.

It is not necessary to notice the nature of the case any further.

Mr. Justice CATRON delivered the opinion of the court.