United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Pacheco, 61 U.S. 20 How. 261 261 (1857)

United States v. Pacheco

61 U.S. (20 How.) 261

Syllabus

As the act of Congress passed on the 3d of March, 1851, does not specify the time within which an appeal must be made to this Court from the District Courts of California, the subject must be regulated by the general law respecting writs of error and appeals. Either party is at liberty, therefore, to appeal from such a decree within five years from the time of its rendition.

Under the sixty-third rule of this Court, an appellee in a case from California may docket and dismiss according to that rule; but a new appeal may be taken at any time within five years, or it may be that the record may be filed by the appellant at the same term at which a certificate or record had been filed by the appellee, and the case dismissed.

After a case has been thus docketed and dismissed at the instance of an appellee who is a claimant of land, if a patent should be taken out, it will still be subject to be reviewed by this Court at any time within the five years above mentioned.