Whitsitt v. Union Depot & Railroad Co. - 122 U.S. 363 (1887)
U.S. Supreme Court
Whitsitt v. Union Depot & Railroad Co., 122 U.S. 363 (1887)
Whitsitt v. Union Depot and Railroad Company
Submitted May 11, 1887
Decided May 27, 1887
122 U.S. 363
On the 6th of October, 1880, a decree was entered in a circuit court of the United States dismissing a bill brought to quiet title. Complainant appealed, and the appeal was dismissed at October Term, 1850, it not appearing that the matter in dispute exceeded $5,000. In the circuit court, W. then suggested the complainant's death, appeared as sole heir and devisee, filed affidavits to show that the amount in dispute exceeded $5,000, and took another appeal August 30, 1881, which appeal was docketed here September 24, 1881, and was dismissed April 5, 1884, for want of prosecution. Another appeal was allowed by the circuit court in September, 1884, and citation was issued and served, and the case was docketed here again. Held: that the decree appealed from being rendered in 1880, an appeal from it taken in 1884 was too late.
Bill in equity. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion of the Court.