118 US 233 United States v. Hailey

118 U.S. 233

6 S.Ct. 1049

30 L.Ed. 173

UNITED STATES
v.
HAILEY, Adm'r, etc.1

Filed May 10, 1886.

[Statement of Case from pages 233-235 intentionally omitted]

Sol. Gen. Goode, for the United States.

No appearance for John Hailey, Adm'r etc.

WAITE, C. J.

1

This case has been docketed here as an appeal from the supreme court of the territory of Idaho, but, on looking into the transcript, we find that the suit was at law and the trial by a jury. Under such circumstances, the only proper way of bringing it here for review would have been by writ of error. Stringfellow v. Cain, 99 U. S. 610; U. S. v. Railroad Co., 105 U. S. 263; Hecht v. Boughton, Id. 235; Woolf v. Hamilton, 108 U. S. 15; S. C. 1 Sup. Ct. Rep. 139. In point of fact, however, there has been neither a writ of error, nor an appeal, nor a citation, nor an appearance by the defendant or respondent. It is clear, therefore, we have no jurisdiction, and the case is dismissed.

1

S. C. 3 Pac. Rep. 263.