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BRADSTRET V. POTTER, 41 U. S. 317 (1842)

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U.S. Supreme Court

Bradstret v. Potter, 41 U.S. 16 Pet. 317 317 (1842)

Bradstret v. Potter

41 U.S. (16 Pet.) 317


The questions presented to this Court on the writ of error being the same with those in Bradstreet v. Thomas, 12 Pet. 174, the judgment of the circuit court, in favor of the defendant in error, was reversed.

The counsel for the plaintiff and defendant in error having applied to the Court to hear the case upon other points presented in the briefs of the plaintiff and the defendant in order to obtain the judgment of the Court upon these points for the direction of the circuit court on the further trial of the cause, the Court said the Court cannot give any opinion upon points not properly before it, those points not being in the bill of exceptions filed in the record to the ruling of the circuit court. The proper functions of a court on a writ of error is to pass judgment upon the points excepted to in the opinion of the court below, and not to decide the law of the case in anticipation of its trial in the circuit court.

The rule as to costs has been established by the forty-seventh rule of this Court. In all cases of reversal of any judgment or decree in the Supreme Court except where the reversal shall be for want of jurisdiction, costs shall be allowed for the plaintiffs in error or appellants, as the case may be, unless otherwise ordered by the Court.

The case had been tried in the Circuit Court for the Northern District of New York, on a writ of right, sued out by the demandant, the plaintiff in error, for the recovery of certain lands in the County of Oneida, in the State of New York. After various proceedings in the case, the court gave judgment for the tenant, and this writ of error was prosecuted by the demandant. The whole of the questions in this writ of error were the same with those presented to the Supreme Court in the case of Bradstreet v. Thomas, 12 Pet. 174. chanroblesvirtualawlibrary

Page 41 U. S. 318

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