Oliver Wendell Holmes, Jr.

“ When it rendered judgment it was confined to the questions of law presented by the bill of exceptions and the record. Logically, on appeal in such a case this court would be confined in the same way. At the broadest, the only questions would be whether it appeared from the record, as matter of law, that the judgment for the defendant ordered by the supreme court, or the judgment for the plaintiff in the court of first instance, or both of them, were wrong. ”

“ It is unnecessary to consider whether our former decision left anything open, in view of the technical scope of the appeal on the one side and the limited inquiry to which our attention was directed on the other. The statement of facts cannot affect that question, nor can it affect the defendant's right to be here. It is enough that the supreme court of Hawaii has pursued the usual course upon exceptions, and has not entered or directed a judgment. Therefore, as was decided a few days ago, in Cotton v. Hawaii [ [ [211 U.S. 162] ] , 53 L. ed. --, 29 Sup. Ct. Rep. 85] , an appeal does not lie. ”

“ On the other hand, a statement that should present the questions passed upon and no more would simply have presented the record, even if possibly somewhat abridged, or modified by concessions of which there was some trace in the opinion of the court. ”