YEATON V. LENOX, 32 U. S. 220 (1833)

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U.S. Supreme Court

Yeaton v. Lenox, 32 U.S. 7 Pet. 220 220 (1833)

Yeaton v. Lenox

32 U.S. (7 Pet.) 220


Motion to dismiss an appeal. A decree was pronounced by the District Court of the United States for the District of Alexandria in December, 1829, from which the defendants appealed, but did not bring up the record. At January term, 1832, the appellees, in pursuance of the rule of court, brought up the record and filed it, and on motion of their counsel the appeal was dismissed. On 9 March, 1832, a citation was signed by the chief justice of the court for the District of Columbia citing the plaintiffs in the original action to appear before the Supreme Court, then in session, and show cause why the decree of the circuit court should not be corrected. A copy of the record was returned with the citation "executed" and filed with the clerk. By the Court. "The record is brought up irregularly, and the case must be dismissed."

The act of March, 1803, which gives the appeal from decrees in chancery, subjects it to the rules and regulations which govern writs of error. Under this act, it has been always held that an appeal may be prayed in court when the decree is pronounced. But if the appeal be prayed after the court has risen, the party must proceed in the same manner as had been previously directed in writs of error.

The Judicial Act directs that a writ of error must be allowed by a judge, and that the citation shall be returned with the record, the adverse party to have at least twenty days' notice. This notice, the Court understands, is twenty days before the return day of the writ.

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