United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hill v. Hawes, 320 U.S. 520 (1944)

Hill v. Hawes

No. 4

Argued December 6, 1943

Decided January 3, 1944

320 U.S. 520

Syllabus

1. Rule 10 of the Rule of the United States Court of Appeals for the District of Columbia, limiting to 20 days the time within which an appeal may be taken to that court from a judgment of the District Court of the United States for the District of Columbia, sustained. P. 320 U. S. 522.

The statutory power of the court to adopt the rule (Act of July 30, 1894, amending Act of Feb. 9, 1893) was not altered by the Judicial Code (1911), or the Act of Feb. 13, 1925, or the Rules of Civil Procedure.

2. The clerk of the District Court of the United States for the District of Columbia having failed upon entry of judgment to notify the parties, as required by Rule 77(d) of the Rules of Civil Procedure, the judge at the same term ordered the judgment vacated and entry of a new judgment, of which notice was sent in compliance with the rules. Held, that the time for appeal began to run from the date of the entry of the second judgment. P. 320 U. S. 523.

76 U.S.App.D.C. 308, 132 F.2d 569, reversed.

Certiorari, 318 U.S. 753, to review a judgment dismissing an appeal as out of time.