John Marshall Harlan,
Bassing v. Cady — Opinion of the Court
“ While this is not an important matter, in view of our conclusion as to the controlling questions in the case, it is appropriate to say that, on appeal or writ of error to this court, papers or documents used at the hearing in the court below cannot in strictness be examined here unless they are made part of the record by bill of exceptions or in some other proper mode. For the purposes of our decision we take the case to be substantially as the plaintiff in error insists that it is on the record. ”
