Bushrod Washington

“ The writ of error, in cases of common law, remains in force, and submits to the revision of the supreme court only the law. The remedy by appeal is confined to admiralty and equity cases, and brings before the supreme court the facts as well as the law. ”

“ Even the provisions of the 29th section were, in the view of congress, defective, and must appear so to every person conversant with the practice of courts proceeding according to the forms of the civil law. The error of the inferior court may frequently consist, not in wrong conclusions of law from the facts, but in wrong conclusions of fact from the evidence. ”

“ The 22d section of the former of these laws declares, that from any final judgment or decree in civil actions and suits in equity brought in a circuit court by original process, or removed there from a state court, or by appeal from a district court, a writ of error may be brought to the supreme court, at any time within five years, the citation being signed by a judge of such circuit court, or by a justice of the supreme court, and the adverse party having at least thirty days notice. ”