Palmer v. Donner

Palmer v. Donner. A district judge has no authority to sign a citation upon a writ ot error to a State court. When the citation has been thus signed, the writ of error will be dismissed on motion. This was a motion,: made by Mr. J. H. Bradley, to dismiss a writ of error directed to the Supreme Court of the State of California, on the. ground that the citation had Been signed by a district judge, which the record showed was the fact. [MAJORITY — The. CHIEF .JUSTICE] The. CHIEF .JUSTICE delivered the opinion of the ec urt., The revisory jurisdiction of this court over the'judgments of State tribunals, is defined by the' twenty-fifth section of the Judiciary Act-of 1789.- .It is there provided thátthe' citation- must be signed by the chief justice, or judge,1- dr chancellor of the court rendering or passing the judgment or decree complained of,, or by a j.ustice of the Supreme Court of the United ^States. But the .citation in; the-casé before us, was signed by district judge. This was without authority of law; and'the citation was, therefore, without effect. The case therefore is not properly,in this court;.and thé writ, of error must be Dismissed: