Melville Fuller

“ Indeed, section 1012 of the Revised Statutes provides that appeals 'shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error,' and, if the limitation on taking an appeal does not begin to run until after the denial of a pending petition for rehearing in an equity suit, it would seem to follow that this must be so as to bringing a writ of error after the overruling of a motion for a new trial. ”

“ It is true that a writ of error does not lie from this court or the courts of appeals to review an order denying a motion for a new trial, nor can error be assigned on such an order because the disposition of the motion is discretionary ”

“ Smelting Co. v. Billings, 150 U.S. 31, 14 Sup. Ct. 4; Voorhees v. Manufacturing Co., 151 U.S. 135, 14 Sup. Ct. 295; Brockett v. Brockett, 2 How. 238, 249; Railway Co. v. Murphy, 111 U.S. 488, 4 Sup. Ct. ”