Jones v. La Vallette

Jones v. La Vallette. A judgment in the Circuit Court of Louisiana in the ordinary action by petition and summons upon a promissory note cannot be brought into this court by appeal. 'It must come here, if at all, on writ of error. A judgment had been rendered in the Circuit Court of the United States for the Eastern District of Louisiana, in favor of La Yallette against Jones, in the ordinary action by petition and summons, upon a promissory note. The defendants below took an appeal, seeking to bring the case into this court in that way. Mr. Janin now moved to dismiss the appeal, contending that appeal.was not the proper form of bringing up the case. Mr. Durant, contra. [MAJORITY — The CHIEF JUSTICE] The CHIEF JUSTICE delivered the opinion of tire court. The Judiciary Act of 1789 gave appellate jurisdiction to' this court by writ of error, and it was held that under that act no cause could be brought here by appeal. The act of 1808 gave appellate jurisdiction by appeal “from final judgments and decrees in cases of equity, of admiralty, and maritime jurisdiction, and of prize or no, prize.” No other cases can be brought here in this mode, and the case in the record is of neither class. It must come here, if at all, upon writ of error. The appeal must therefore be Dismissed eob, want oe jurisdiction. Blaine v. Ship Charles Carter, 4 Dallas, 22.