Hunt v. Blackburn - 131 U.S. 403 (1889)
U.S. Supreme Court
Hunt v. Blackburn, 131 U.S. 403 (1889)
Hunt v. Blackburn
Submitted January 22, 1889
Decided April 8, 1889
131 U.S. 403
ORIGINAL MOTION IN A CAUSE APPEALED FROM THE CIRCUIT COURT
OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS
The counsel for appellees having undertaken to appear for the heirs and representatives of the original appellee, deceased, and having filed in the office of the Clerk of this Court a waiver of publication, and having failed to appear, and the cause having been heard and having proceeded to final hearing, ( 128 U. S. 128 U.S. 464), held that the decree be made absolute against the heirs and representatives of the deceased appellees.
"The appellant, by his counsel, moves the Court to enter the decree in this cause, reversing the decree below, on the ground that the waiver of publication is equivalent to the publication, and that the undertaking of counsel to appear is an appearance or will justify the clerk in entering the appearance, and in this case, an order will follow for publication to show cause whey the appellant should not have the decree certified, or otherwise why execution should not issue. It is submitted, however, that if this latter is the proper court, the sci.fa. should issue from the court below after remand."
"If this be held by the court inadmissible, he then moves in the alternative that an order be entered for publication in such form as the Court may order, and submits the following for the consideration of the Court as a proper order:"
"U. S. Supreme Court, Oct. Term, 1888"
"v. No. 16"
"Blackburn, et al."
"This case having been heard on the undertaking of counsel for appellees to appear for the heirs and representatives of the original appellee and upon waiver of publication by the said counsel, filed in this Court, and the said counsel having failed to appear, though requested by appellant's counsel, it is, on motion of appellant's counsel, ordered that publication be made in the Eastern District of Arkansas, weekly, in some newspaper published in said district for four successive weeks, the first publication not to be later than the first day of February next, requiring Belle Buck, as administratrix of S. S. Buck, appellee, and in her own right, Willie Buck and Eddie Blackburn, children and heirs at law of Sallie S. Buck, appellee, and all other heirs or representatives of said Sallie S. Buck, to appear before this Court on or before the first Monday in April, 1889, and show cause, if any they have, why a decree shall not be entered in this cause reversing the decree in the court below and remanding the said cause with directions to enter such decree as this Court may order. "
PER CURIAM. It is ordered that
The decree of this Court of November 26, 1888, be made absolute against the heirs and representatives of Sallie S. Blackburn, deceased.