United States v. Phillips - 121 U.S. 254 (1887)
U.S. Supreme Court
United States v. Phillips, 121 U.S. 254 (1887)
United States v. Phillips
Argued April 4, 1887
Decided April 11, 1887
121 U.S. 254
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE WESTERN DISTRICT OF TEXAS
Notice of a writ of error, given in open court at the same term the judgment is rendered, is not the equivalent of citation.
The case is stated in the opinion of the court.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
In this case, no citation was ever issued, and the defendants in error do not appear. Notice of a writ of error, given in open court at the same term the judgment is rendered, is not the equivalent of the citation required by § 999 of the Revised Statutes. In this respect, writs of error differ from appeals taken in open court.
The writ of error is dismissed.