Aldrich v. Aetna Co.

Citations

• 75 U.S. 491
• 19 L. Ed. 473
• 8 Wall. 491
• 1868 U.S. LEXIS 1126

Syllabus

<p>1. A judgment in the highest court of law- or equity of a State, if otherwise a proper subject for review here, under the 25th section of the Judiciary Act, is not rendered incapable of being reviewed by the fact that judgment was rendered on a voluntary submission of a case agreed on for judgment, under the provisions of the code of the State.</p> <p>2. An allowance of a writ of error by the chief judge of the court in which the judgment was, in fact, rendered, is not ground for dismissing the writ of error, though the record, by order of such court, may have been sent to an inferior court, and an additional entry of what was ádjudged in the appellate one there entered.</p> <p>8. A defendant, who has waived the irregularity by an appearance, can not object to jurisdiction, because the citation is not signed by the judge who allowed the writ of error.</p> <p>4. When the question in the highest c'óurt of law or equity of a State is whether the mortgage of a vessel, duly recorded under an act of Congress, gives a better lien than an attachment issued under a State statute> and. the decision is, that it does not ¡ a proper case exists for review in this court, under the 25th section of the Judiciary Act.</p> <p>5. The mortgage of a vessel, duly recorded, under an act of Congress, cannot be defeated by a subsequent attachment, under a State statute, enacting, that no mortgage of such property shall be valid, as against the interests of third persons, unless possession be delivered to and remain with the mortgagee, or the mortgage be recorded in a manner specified, in which a mortgage, whose lien in this case was the subject of controversy, was not. White’s Bank v. Smith (7 Wallace, 646) affirmed.</p>