Roger B. Taney

“ We think not. In the case of the lessee of Fisher vs. Cockerell, 5 Peters 254, the Court said, 'In cases at common law, the course of this Court has been uniform, not to consider any paper as a part of the record which is not made so by the pleadings, or by some opinion of the Court referring to it. This rule is common to all Courts exercising appellate jurisdiction, according to the course of the common law. The appellate Court cannot know what evidence was given to the jury, unless it is spread on the record, in a proper legal manner. ”

“ This case is brought before the Court by a writ of error to the Supreme Court of the state of Ohio, sitting for the county of Scioto, under the 25th section of the judiciary act of 1789. A motion is now made to dismiss the writ upon the ground that the case, as presented by the record, is not one in which this Court have the right to revise, by writ of error, the judgment of a state Court. ”