Story v. Black

Mu. Chief Justice' Waite delivered the opinion of the court. 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 Stat. 27,'the case should .have *237 -been brought up by appeal’ and the writ of error' is therefore dismissed. Hecht v. Boughton, 105. U. S. 235; United States v. Railroad Co., 105 U. S. 263; Woolf v. Hamilton, 108 U. S. 15. The question is no longer opeh in this' court. ' The statutory rule is jurisdictional.