Alviso v. United States, 72 U.S. 824 (1866)

U.S. Supreme Court

Alviso v. United States, 72 U.S. 5 Wall. 824 824 (1866)

Alviso v. United States

72 U.S. (5 Wall.) 824

Syllabus

A citation to the adverse party, with due return or waiver by general appearance, or otherwise, is indispensable to jurisdiction on appeal.

U.S. Supreme Court

Alviso v. United States, 72 U.S. 5 Wall. 824 824 (1866)

Alviso v. United States

72 U.S. (5 Wall.) 824

ON MOTION TO DISMISS AN APPEAL FROM THE

DISTRICT COURT FOR NORTHERN CALIFORNIA

Syllabus

A citation to the adverse party, with due return or waiver by general appearance, or otherwise, is indispensable to jurisdiction on appeal.

On motion to dismiss an appeal from the District Court for Northern California, the CHIEF JUSTICE stated the case and gave the opinion of the Court.

The final decree in the district court was rendered on the 8th September, 1863, and an appeal was allowed, on motion of the claimant, on the 18th November, 1863. Upon this appeal no action was taken by the appellants. On the 23d February, 1864, an appeal was again allowed, and the record was brought to this Court and filed November 11, 1864.

This was in time, but no citation was issued to the adverse party, and there is nothing to show any waiver, and a citation, with due return, or waiver by general appearance or otherwise, is indispensable to jurisdiction an appeal. *

The writ, therefore, must be

Dismissed.

* Bacon v. Hart, 1 Black 38; Castro v. United States, 3 Wall. 49.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.