Cerecedo v. United States, 239 U.S. 1 (1915)

Cerecedo v. United States

No. 285

Argued October 13, 1915
Decided October 25, 1915
239 U.S. 1

ERROR TO THE DISTRICT COURT OF THE

UNITED STATES FOR PORTO RICO

Syllabus

Postponing consideration of a motion to dismiss until the hearing of the case on the merits is not a decision that the court has power to review the judgment.

The rule in cases coming from the District Court of the United States for Porto Rico is that the existence of constitutional questions must appear in a bill of exceptions.

Even though this Court may have an extraordinary discretion in extreme cases to supply the absence of a bill of exceptions, there is no ground in this case for the exercise of such discretion.

The facts, which involve the jurisdiction of this Court to review judgments of the District Court of the United States for Porto Rico, are stated in the opinion.