STORY v. BLACK and another.

119 U.S. 235 (7 S.Ct. 176, 30 L.Ed. 341)

STORY v. BLACK and another.1

Decided: November 15, 1886

WAITE, C. J.

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.

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1

See 1 Pac. Rep. 1.