Stewart v. Masterson
124 U.S. 493 (1888)

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U.S. Supreme Court

Stewart v. Masterson, 124 U.S. 493 (1888)

Stewart v. Masterson

Submitted January 9, 1888

Decided January 30, 1888

124 U.S. 493

Syllabus

The signing of a citation after the expiration of the term to which an appeal taken with security was returnable, and after the commencement of the following term, and without taking new security, is in effect the granting of a new appeal returnable at the next term of court thereafter.

An appeal docketed in this Court after a term ends and before the next following term begins is docketed as of the next following term.

An appeal bond having become inoperative by reason of failure to docket the appeal at the next term of this Court, and a new appeal having been granted without the filing of a new bond, on motion to dismiss for want of filing an appeal bond, held that the motion should be granted unless appellant, before a day fixed by the order, should file a bond with the clerk of this Court, with sureties to the satisfaction of the Justice allotted to the circuit. Brown v. McConnell, ante,124 U. S. 489, followed.

Motion to dismiss. The case is stated in the opinion of the Court.

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