Jacobs v. George,
150 U.S. 415 (1893)

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U.S. Supreme Court

Jacobs v. George, 150 U.S. 415 (1893)

Jacobs v. George

No. 87

Submitted November 20, 1893

Decided November 27, 1893

150 U.S. 415


When an appeal is allowed in open court and perfected during the term at which the decree or judgment appealed from was rendered, no citation is necessary.

When an appeal is allowed at the term of the decree or judgment, but is not perfected until after the term, a citation is necessary to bring in the parties, but if the appeal be docketed here at the next ensuing term, or

Page 150 U. S. 416

the record reaches the clerk's hands seasonably for that term, and legal excuse exists for lack of docketing, a citation may be issued by leave of court although the time for taking the appeal has elapsed.

When an appeal is allowed at a term subsequent to that of the decree or judgment appealed from, a citation is necessary, but it may be issue, properly returnable even after the expiration of the time for taking the appeal if the allowance of the appeal were made before.

A citation is one of the necessary elements of an appeal taken after the term, and if it be not issued and served before the end of the next ensuing term of this Court, and be not waived, the appeal becomes inoperative.

The case is stated in the opinion.

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