United States v. Phillips, 121 U.S. 254 (1887)

U.S. Supreme Court

United States v. Phillips

Argued April 4, 1887

Decided April 11, 1887

121 U.S. 254

Syllabus

Notice of a writ of error, given in open court at the same term the judgment is rendered, is not the equivalent of citation.

The case is stated in the opinion of the court.

U.S. Supreme Court

United States v. Phillips

Argued April 4, 1887

Decided April 11, 1887

121 U.S. 254

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

Notice of a writ of error, given in open court at the same term the judgment is rendered, is not the equivalent of citation.

The case is stated in the opinion of the court.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

In this case, no citation was ever issued, and the defendants in error do not appear. Notice of a writ of error, given in open court at the same term the judgment is rendered, is not the equivalent of the citation required by § 999 of the Revised Statutes. In this respect, writs of error differ from appeals taken in open court.

The writ of error is dismissed.