United States Supreme Court Cases & Opinions

U.S. Supreme Court

Villabolos v. United States, 47 U.S. 6 How. 81 81 (1848)

Villabolos v. United States

47 U.S. (6 How.) 81

Syllabus

By the Act of May 23, 1828, 4 Stat. 284, relating to private land claims in Florida, appeals from the Superior Court of the Territory of Florida are governed by the laws of 1789 and 1803.

Therefore, where an appeal was not made in open court, and at the term at which the final decree was passed, a citation was necessary, which must be signed by a judge, and not by the clerk. See United States v. Hodge, 3 How. 534.

The act of 1828, above mentioned, allowed appeals to be prosecuted within four months, and placed them in other respects upon the same footing with writs of error under the act of 1803. Writs of error and citations are returnable to the term of the appellate court next following, and unless the writ and citation are both served before the term, the case is not removed to the appellate court.

Consequently where there was only an entry of an appeal in the clerk's office, and no citation served within four months, the appeal was not regularly brought up, and must be dismissed on motion.

The case being dismissed for want of jurisdiction, it is unnecessary to do more than refer to the circumstances, which are fully stated in the opinion of the Court.

Page 47 U. S. 88