Richardson v. Green

Citations

• 130 U.S. 104
• 9 S. Ct. 443
• 32 L. Ed. 872
• 1889 U.S. LEXIS 1730

Syllabus

<p>It is a well settled rule that this court will not entertain’ an appeal where the transcript of the record is not filed in- this .court at the term next succeeding the taking of the appeal, unless a- recognized satisfactory excuse for the laches is niade.</p> <p>It is not a sufficient excuse that the clerk of the court below was mistaken in his understanding as to the time when the' transcript must be filed, and that it was prepared as soon as possible by him, having due regard to the other duties of his office, and the size of the record.</p> <p>Where the transcript of the record was placed in the hands of the clerk of this court at the next' term after the appeal was allowed and perfected by the filing of a bond, but no appearance was entered for the appellant, nor any deposit for costs made, at that term, but these things were done at the next following term, and the case was then docketed, and a motion to dismiss the appeal -was made at the third term thereafter: Held, that the motion must be denied.</p> <p>Where an appeal is allowed in open court at the same term the decree is made yet if the bond to perfect the appeal is not accepted at or during that term, a citation is necessary.</p> <p>The issuing of a citation may be- waived by the .appellee, and a general appearance by him is a waiver of a citation.</p> <p>Where this' court has jurisdiction of an appeal, and a citation is necessary, it will issue one.</p> <p>Reasons stated why the appeal in this case is not open to the objection that it does not involve more than $5000, or to the objection that the appellee is not named in. the order allowing the appeal.</p> <p>Where the appellee died after the argument of the motion to dismiss the appeal, the order on the motion was entered nunc pro tunc as of the day of the argument.</p>