United States Supreme Court Cases & Opinions

U.S. Supreme Court

Matton Steamboat Co., Inc. v. Murphy, 319 U.S. 412 (1943)

Matton Steamboat Co., Inc. v. Murphy

No. 783

Argued May 5, 1943

Decided June 1, 1943*

319 U.S. 412

Syllabus

Section 350 of 28 U.S.C. provides that

"no appeal . . . intended to bring any judgment or decree before the Supreme Court for review shall be allowed or entertained unless application therefor be duly made within three months after the entry of such judgment or decree."

Rule 36 of the Rules of this Court provides that an appeal to this Court from a state court of last resort may be allowed "by the chief justice or presiding judge of the state court, or by a justice of this court."

Held:

1. An appeal for which a timely application was made to the Chief Judge of the Court of Appeals of New York could have been allowed by him either before or after the expiration of the three-months period. P. 319 U. S. 414.

2. Within the three-months period, application for appeal may be made to the state judge and a justice of this Court at the same time, when necessary to preserve the right of appeal. P. 319 U. S. 414.

3. Where an application for appeal has been made to the state judge within the three-months period and has been denied, a subsequent application to a justice of this Court, filed after the three-months period has expired, is too late. P. 319 U. S. 414.

Appeals dismissed.

Appeals from a judgment, 289 N.Y. 119, 44 N.E.2d 391 (entered in the Supreme Court, Appellate Division, on remittitur) sustaining the validity of the New York Unemployment Insurance Law. See also 263 App.Div. 756, 774; 30 N.Y.S.2d 930, 32 N.Y.S.2d 373.

Page 319 U. S. 413