Cambuston v. United States - 95 U.S. 285 (1877)
U.S. Supreme Court
Cambuston v. United States, 95 U.S. 285 (1877)
Cambuston v. United States
95 U.S. 285
The district court, in the exercise of its jurisdiction, under an Act entitled " An Act to ascertain and settle the private land claims in the State of California," approved March 3, 1857, 9 Stat. 631, rendered a decree Nov. 12, 1859, rejecting the claim of A. He died Jan. 22, 1869, and his executrix was, by an order of the court entered April 3, 1875, permitted to become the party claimant of the land. She thereupon moved for a new trial and the reversal of the decree. The motion was overruled, and on the same day an appeal was allowed her from the decree and from the order refusing a new trial.
1. That the appeal from the decree was not taken in time.
2. That no appeal lies from the order refusing a new trial.
The facts are stated in the opinion of the Court.