Hewitt v. Filbert - 116 U.S. 142 (1885)

U.S. Supreme Court

Hewitt v. Filbert, 116 U.S. 142 (1885)

Hewitt v. Filbert

Submitted December 7, 1885

Decided December 21, 1885

116 U.S. 142

Syllabus

Except in cases of appeals allowed in open court during the term at which the decree appealed from was rendered, a citation returnable at the same term with the appeal or writ of error is necessary to perfect the jurisdiction of this Court over the appeal or the writ, unless it sufficiently appears that citation has been waived.

This Court has no jurisdiction to issue citation in an appeal docketed here after the term to which the appeal was returnable.

This was a motion to dismiss an appeal. The facts which make the case are stated in the opinion of the Court.