Morrison Waite,
England v. Gebhardt — Opinion of the Court
“ Neither is the opinion of the court a part of the record. Our rule 8, § 2, requires a copy of any opinion that is filed in a cause to be annexed to and transmitted with the record, on a writ of error or an appeal to this court, but that of itself does make it a part of the record below. ”
Morrison Waite,
England v. Gebhardt — Opinion of the Court
“ Storm v. U.S. 94 U.S. 81; Suydam v. Williamson, 20 How. 428; Baltimore & P. R. Co. v. Trustees Sixth Presbyterian Church, 91 U.S. 130. That this rule is applicable to the class of cases to which that now under consideration belongs was expressly decided in Kearney v. Denn, 15 Wall. 56. ”
