Yturbide's Executors v. United States,
Annotate this Case
63 U.S. 290 (1859)
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U.S. Supreme Court
Yturbide's Executors v. United States, 63 U.S. 22 How. 290 290 (1859)
Yturbide's Executors v. United States
63 U.S. (22 How.) 290
The 12th section of the Act of 31 August, 1852, providing for an appeal from the Board of Land Commissioners in California to the district court, directs that notice of an intention to appeal shall be filed within six months, and on failure to file such notice, the appeal shall be regarded as dismissed.
This language is mandatory on the court, and admits of no discretion. In case of such failure, the appeal must be dismissed.
This case distinguished from those in which a court can relax its own rules.
The facts of the case are stated in the opinion of the Court.