Louis Brandeis

“ It has no application when the errors assigned are wholly those alleged to have been committed by an intermediate appellate court; for if the intermediate court has erred in its judgment, the error will appear by the record of that court without a bill of exceptions. Compare Morris v. Deane, 94 Va. 572, 27 S. E. 432. This is true, although the intermediate appellate court has, like the Supreme Court of Porto Rico, power to review the evidence, to make new findings of fact thereon and to enter such judgment as to it may seem proper. ”

“ In the Circuit Court of Appeals the company likewise assigned as error that the Supreme Court had allowed compensation based upon the difference between the contract price of the sugar and its market price at the end of the term fixed for delivery. This assignment antitled it to have that question considered in the Circuit Court of Appeals, although no exception had been taken in the Supreme Court. The Circuit Court of Appeals did not consider whether the Supreme Court had adopted the proper measure of damages. ”

“ Oklahoma City v. McMaster, 196 U.S. 529, 25 Sup. Ct. 324, 49 L. Ed. 587. By reason of section 4 of the Act of September 6, 1916, c. 448, 39 Stat. 727 (Comp. St. § 1649a) , this failure to adopt the proper appellate proceeding is no longer fatal. ”