SURGETT v. LAPICE ET AL.


49 U.S. 48 (1850)

8 How. 48

FRANCIS SURGETT, APPELLANT, v. PETER M. LAPICE AND EDWARD WHITTLESEY.

Supreme Court of United States.


Attorney(s) appearing for the Case

The case was argued by Mr. Lawrence and Mr. Jones, for the appellant, and Mr. Brown and Mr. Johnson (Attorney-General), for the appellee.


Mr. Justice CATRON delivered the opinion of the court.

1. On the facts appearing in the record, a motion was made to dismiss the suit for want of jurisdiction, because it was brought here by appeal, which brings before the revising court all the evidence; whereas, had a writ of error been brought, such parts of the evidence only could have been considered as were presented by bills of exception. This motion has been held up...

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