Garrison v. Cass County, 72 U.S. 823 (1866)

U.S. Supreme Court

Garrison v. Cass County, 72 U.S. 5 Wall. 823 823 (1866) Garrison v. Cass County

72 U.S. (5 Wall.) 823

MOTION TO DISMISS AN APPEAL FROM THE

SUPREME COURT OF THE TERRITORY OF NEBRASKA

Syllabus

Appeal dismissed for want of jurisdiction, where the decree was rendered 13 June, 1861, but no appeal was prayed for or allowed until June Term 1866, when, on motion of the defendants below, an appeal was allowed nunc pro tunc as of 13 June, 1861, there having been no citation to the appellees and the record not having been brought up at the next term.

THE CHIEF JUSTICE delivered the opinion of the Court.

The decree in this case was rendered on the 13th June, 1861. No appeal was prayed or allowed until the June Term 1865. At that term, on motion of the defendants below, an appeal was allowed nunc pro tunc as of 13 June, 1861.

There is nothing in the record which warranted the making of this order, nor, if it could have been lawfully made, would it avail the defendant, for there was no citation to the appellees, and the record was not brought up at the next term of this Court.

Page 72 U. S. 824

At most it can only be regarded as an allowance of an appeal at the June Term 1865, and no citation appears to have been issued since to the appellees, nor was there any equivalent notice, nor has there been any waiver.

The appeal must therefore be

Dismissed for want of jurisdiction.