Generes Vs. Bonnemer

Generes vs Bonnemer

Type Court Judgment Court US Supreme Court Decided 1868

~2 min read

https://sooperkanoon.com/case/81646

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/81646
Court: US Supreme Court
Decided On: 1868
Case Number: 74 U.S. 564
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Generes

Respondent

Bonnemer

Excerpt

.....of exceptions and no instructions or ruling of the court, and where what purported to be a statement of facts, signed by the judge, was filed more than two months after the writ of error was allowed and filed in the court, and nearly a month after the citation was issued. in this case, which came on error to the circuit court for louisiana, it appeared that the only ruling of the court to page 74 u. s. 565 be found in the record was a judgment rendered in favor of plaintiff for the recovery of a sum of money. there was no question raised on the pleadings, no bill of exceptions, no instructions or ruling of the court. there was what purported to be a statement of facts, signed by the judge, found in the record. it was filed more than two months after the writ of error was allowed and filed in the court, and nearly a month after the citation was issued by the judge. it did not appear to have been filed by consent of parties. mr. justice miller delivered the opinion of the court. to permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this court by the service of the writ of error, or even after it is issued, would place the rights of parties who have judgments of record entirely in the power of the judge, without hearing and without remedy. the statement of facts, filed without consent of the parties, must be treated as a nullity, and, as there is nothing on which error of the court below can be predicated, the judgment must be affirmed.

Full Judgment

Generes v. Bonnemer - 74 U.S. 564 (1868)
U.S. Supreme Court Generes v. Bonnemer, 74 U.S. 7 Wall. 564 564 (1868)

Generes v. Bonnemer

74 U.S. (7 Wall.) 564

ERROR TO THE CIRCUIT

COURT FOR LOUISIANA

SYLLABUS

A judgment affirmed in a case where the only ruling of the court to be found in the record was a judgment rendered in favor of a plaintiff for the recovery of a sum of money, where there was no question raised in the pleadings no bill of exceptions and no instructions or ruling of the court, and where what purported to be a statement of facts, signed by the judge, was filed more than two months after the writ of error was allowed and filed in the court, and nearly a month after the citation was issued.

In this case, which came on error to the circuit court for Louisiana, it appeared that the only ruling of the court to

Page 74 U. S. 565

be found in the record was a judgment rendered in favor of plaintiff for the recovery of a sum of money. There was no question raised on the pleadings, no bill of exceptions, no instructions or ruling of the court.

There was what purported to be a statement of facts, signed by the judge, found in the record. It was filed more than two months after the writ of error was allowed and filed in the court, and nearly a month after the citation was issued by the judge. It did not appear to have been filed by consent of parties.

MR. JUSTICE MILLER delivered the opinion of the Court.

To permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this Court by the service of the writ of error, or even after it is issued, would place the rights of parties who have judgments of record entirely in the power of the judge, without hearing and without remedy. The statement of facts, filed without consent of the parties, must be treated as a nullity, and, as there is nothing on which error of the court below can be predicated, the judgment must be

Affirmed.

Same Parties Generes vs Bonnemer Same Subject Education