Plaintiff in error

“ Consequently every requirement of due process of law has been satisfied, and the court was not called upon to go through the ceremonious performance of instituting and prosecuting another proceeding, for the sake of stating the charges, giving notice, and having a hearing, before entering the disciplinary order.'
The sole question presented for our determination is whether plaintiff in error has been deprived of a Federal right. ”

“ It has repeatedly been decided that a request for a ruling that upon the evidence introduced the plaintiff is not entitled to recover cannot be made by the defendant as a matter of right, unless at the close of the whole evidence; and that, if the defendant, at the close of the plaintiff's evidence, and without resting his own case, requests and is refused such a ruling, the refusal cannot be assigned for error. ”

“ In examining the allegations of a declaration in a court of law, a court of error examines only whether the plaintiff has set out a title or cause of action. 'If,' in the language of this court, 'it is defectively or inaccurately set forth, it is cured by a verdict; because, to entitle the plaintiff to recover, all circumstances necessary to make out his cause of action, so imperfectly stated, must be proved at the trial: but, when no cause of action is stated, none can be presumed to have been proved. The case is not to be considered as if before us on a demurrer to the declaration. ”

“ Justice MILLER, delivering the opinion of the court, said: 'The court of appeals, in its opinion, conceding the assessment to be in many respects erroneous and to the prejudice of plaintiff, holds that, in the absence of fraud or intentional wrong, the defendants were not personally liable in damages for any error in the assessment. ”

“ Whether or not a release given by plaintiffs in error under the state court decree, before the appeal had been heard, would have been allowed to operate as a release of errors, is a question that does not arise. ”