Peter Vivian Daniel

“ On the trial of the above cause, the plaintiffs to maintain the issue on their part joined, offered in evidence the transcripts from the treasury department (which are found in pages 12 to 16 of the record) , and the said defendant then offered evidence to show that the said intestate was a captain of the United States corps of engineers, and as such was ordered to take charge and superintend the works on Fortress Calhoun, and took charge of, and continued, the said work, from the 7th November 1834, to the 10th September 1838 ”

“ The instructions, after enumerating particular offices held to be included in the proviso, by the secretary at war, proceed to say: 'The construction of the act will apply, so as to prevent the granting of any extra compensation of any nature whatever, unless expressly authorized by law. ”

“ The question submitted to the court is, whether after the regulations of 13th March 1835, any allowance can be claimed for those extra services?
Bradley, for the defendant, argued, that as the cause was adjudged in the circuit court on a case stated, the writ of error should be dismissed. 1. No writ of error will lie on a special case stated. 3 Bl. Com. 378; Tidd's Pract. 1808-9; 1 Arch. Pract. pl. 92; Stephen's Plead. 93. 2. Where a writ of error will not lie, there can be no bill of exceptions. 1 Arch. Pract. 187; Hardr. 249; Bos. ”