74 U.S. 692 - James v. Bank — 74 U.S. 692

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently November 1937

2 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Where there ia no bill of exceptions, and nothing upon which error can be 'assigned, the.regular practice is to affirm the judgments, not to dismiss

¶2In error to:the Circuit Court for Louisiana.

¶3The Bank of Mobile brought suit in the court belovi against one'James, on bill .of exchange. The-record of the case, as sent here,'contained nothing but the declaration; the plea of the general issue; the proof of protest of the bill of exchange, indorsed by the defendant, and notice to him of nonpayment, and judgment of the court in favor of'the plaintiff. There was no bill of exceptions-, and nothing upon which error could be assigned.

¶4A motion was now made by Mr. P. Phillips, in behalf of the defendant in error, to dismiss the case'; - an unreported order of dismissal, which was said to have been made at the last term on a ,similar case, being referred to.

¶5Mr. Carlisle, contra.

¶6 *693The CHIEF JUSTICE

¶7delivered the opinion of the court.

¶8, The regular coúrse, in cases of this description, is to affirm the judgments. The appeal is regularly here, and cannot be dismissed-for want of jurisdiction. The motion, there-, fore, 'must be denied.

¶9Counsel for the appellee has referred us to. an order dis-. missing a writ of error at the last term,- under eircúmstaiices, like those of the case before us. This order must have been entered through inadvertence,' and cannot bé drawn into á' precedent.