Missouri, Kansas & Texas Railway Co. v. Dinsmore

Citations

• 108 U.S. 30
• 2 S. Ct. 9
• 27 L. Ed. 640
• 1883 U.S. LEXIS 1006

Syllabus

<p>Appeal — Certificate of Transcript — Certiorari—-Final Decree — Jurisdiction.</p> <p>1. On the merits of the motion there is no essential difference between this case and the case of the Si. Louis, Irpn- Mountain and Southern R. R. Go. v. The Southern Express Company, just decided. Reference to the master to take and state an account between the parties as to the compensation during the litigation and up to its final termination relates to matters of administration not involving the merits.</p> <p>2. A certificate that.the transcript is a “true,.full and perfect copy from the record of all the pro 'eedings in the suit ” is sufficient to give jurisdiction.</p> <p>8. If the. certificate is not correct, the remedy is by certiorari.</p> <p>4. Where on the face of the decree it appears that a ease was disposed of on- ■ demurrer to the bill, the evidence on filó is not necessary for the hearing of-the bill. ’ ’ •</p> <p>5. When a record has not been printed, and parties do not agree, as to'its con- ■ ' tents, certiorari may be granted, reserving all questions till return.</p>