BUCKINGHAM V. MCLEAN, 54 U. S. 150 (1851)

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U.S. Supreme Court

Buckingham v. McLean, 54 U.S. 13 How. 150 150 (1851)

Buckingham v. McLean

54 U.S. (13 How.) 150


Where a defendant in error or an appellee wishes to have a case dismissed because no citation has been served upon him, his counsel should give notice of the motion when his appearance is entered or at the same term, and also that his appearance is entered for that purpose. A general appearance is a waiver of the want of notice.

An appeal in equity brings up all the matters which were decided in the circuit court to the prejudice of the appellant, including a prior decree of that court from which an appeal was then taken, but which appeal was dismissed under the rules of this Court.

Before this case was reached upon the docket, a motion was made to dismiss it upon the ground that the appellee had not been served with a citation, and also upon another ground which is stated in the following opinion of the Court as pronounced by MR. JUSTICE McLEAN.

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