Jennings v. the Brig Perseverance

This was a writ of error to remove the proceedings in an admiralty cause from the Circuit Court for the district of Rhode Island. Soon after the decree was there pronounced the District Judge died, and Judge Chase had left the district; so that the record was sent up with all the evidence annexed, but no statement of facts by the court. Du Ponceau and Robbins, for the Defendant in error, insisted, that the Plaintiff could not go into a consideration of errors in fact; and, that the rules established in the cases of Wiscart v. D'Auchy (ant. p. 321.) Pintado v. Bernard, and the United States v. La Vengeance, (ant. p.) were conclusive. They, also, cited the following authorities: 1 Vern. 166. 214. 216. 3 Wils. 308. 2 Bl. Rep. 831. 1 Mod. 207. 56. 61. Cro. E. 667. 6 Co. 7.