PIERCE V. COX, 76 U. S. 786 (1869)

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U.S. Supreme Court

Pierce v. Cox, 76 U.S. 9 Wall. 786 786 (1869)

Pierce v. Cox

76 U.S. (9 Wall.) 786


1. The appellant cannot ask to have an appeal dismissed for want of a citation where the appellee is in court represented by counsel and makes no objection to the want of one.

2. But an appellee may ask the dismissal when the appeal has not been allowed or when the case comes from the District of Columbia and the amount in controversy is less than $1,000.

This was the case of two motions to dismiss an appeal from the Supreme Court of the District of Columbia, one

Page 76 U. S. 787

of the motions being made by the appellant on the ground that no citation had been issued according to law and the other by the appellee because the amount in controversy was not of the value of $1,000. Moreover, there was no evidence in the record of an allowance of the appeal. As to the value of the amount in controversy, it appeared that it was a life interest in $1,200 of six percent stock of the corporation of Washington, and not worth $1,000.

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