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Verden v. Coleman

Samuel Verden, Appellant, v. Isaac Coleman

Verden v. Coleman, 63 U.S. (22 How.) 192 (1860)
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Court
Supreme Court of the United States
Decided
March 12, 1860
Judges
Catron
Citations
63 U.S. 19216 L. Ed. 33622 How. 1921859 U.S. LEXIS 713
Headnotes
No appeal can be taken from the final decision of a State court- of last resort, under the 25th section of the judiciary act, to- the Supreme Court of the ' United States. A writ of error alone can bring up the cause.
Summary
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 ease 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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Catron

Mr. Justice CATRON delivered the opinion of the court.

Coleman sued Verden in a State court oflndiana, on a note of hand, and a mortgage of lands, to secure its payment. On various pleadings and proofs, the cause was submitted for judgment to the court, the parties having dispensed with a jury. Judgment was rendered against Verden, who appealed to the Supremo Court of Indiana. There the judgment of the circuit was affirmed.

This occurred on the 26th day of June, 1868. And then we find the following entry of record: “And afterwards, to wit, at a court began and held on the 24th of .May, 1858, and continued from day to day till July 16th, 1858, at which time 'lome the appellant, by Hon D. Mace, his attorney, and prays dn appeal to the United States Supreme Court, which pray’ei is granted.”

*193 Bond was given to prosecute the appeal, and ihe clerk certifies the record to be a true copy of the proceedings.

No appeal can be taken from the final decision of a State court of last resort, under the twenty-fifth section of the judiciary act, to the Supreme Court of the United States. A writ of error alone can bring up the cause. We refer to the appendix of Curtis’s Digest for the mode.

It is ordered that the case be dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1863–1864: 11871–1872: 21873–1874: 11875–1876: 11879–1880: 21887–1888: 11893–1894: 11909–1910: 118632026peak 1871 · 2

Relies on it most ⓘ

  1. Chapman v. Quinn56 Cal. 266 (1880) · Dissent
  2. State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.103 P. 426 (Wash. 1909)
  3. Dower v. Richards151 U.S. 658 (1894)
  4. Lindsey v. Hawes67 U.S. (2 Black) 554 (1863)
  5. Poppe v. Athearn42 Cal. 606 (1872) · Concurrence
  6. Vantongeren v. Heffernan38 N.W. 52 (1888)

Most recent

  1. State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.103 P. 426 (Wash. 1909)
  2. Dower v. Richards151 U.S. 658 (1894)
  3. Vantongeren v. Heffernan38 N.W. 52 (1888)
  4. Chapman v. Quinn56 Cal. 266 (1880) · Dissent
  5. Kahn v. Old Telegraph Mining Co.2 Utah 174 (1880) · Dissent
  6. Rutledge v. Murphy51 Cal. 388 (1876) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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