Where an appeal is taken to this Court, the transcript of the
record must be filed and the case docketed at the term next
succeeding the appeal.
Although the case must be dismissed if the transcript is not
filed in time, yet the appellant can prosecute another appeal at
any time within five years from the date of the decree, provided
the transcript is filed here and the case docketed at the term next
succeeding the date of such second appeal.
Mr. Johnson moved to dismiss the appeal, upon the ground that
the record was not filed in time.
MR. CHIEF JUSTICE TANEY delivered the opinion of the Court.
The decree from which the appeal has been taken was passed by
the circuit court on the 17th day of November, 1855 and the appeal
was prayed on the same day in open court. But it was not prosecuted
to the next succeeding term of this Court,
Page 60 U. S. 183
and no transcript of the record was filed here during that term.
But a transcript has been filed at the present term of this Court,
and the case docketed. And a motion is made to dismiss it, upon the
ground that the appeal is not legally before this Court, according
to the act of Congress regulating appeals.
The construction of this act of Congress, and the practice of
this Court under it, has been settled by the cases of
Villalobos v. United
States, 6 How. 81, and
United
States v. Curry, 6 How. 106. The transcript must be
filed in this Court and the case docketed at the term next
succeeding the appeal in order to give this Court jurisdiction.
This case must therefore be dismissed.
But the dismissal does not bar the appellant from taking and
prosecuting another appeal at any time within five years from the
date of the decree, provided the transcript is filed here and the
case docketed at the term next succeeding the date of such second
appeal.