Ex Parte Roberts
Supreme Court of the United States
On petition of M. 0. Roberts for a writ of mandamus to the Court of Claims to require that court to hear, entertain, and decide a certain motion made there by him for a new trial, and also to correct the records of the court in certain particulars set forth in the petition, the main question arising on the motion being whether the allowance of an appeal to this court by the Court of Claims, absolutely and of itself removes a cause from its jurisdiction, so that no order…
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On petition of M. 0. Roberts for a writ of mandamus to the Court of Claims to require that court to hear, entertain, and decide a certain motion made there by him for a new trial, and also to correct the records of the court in certain particulars set forth in the petition, the main question arising on the motion being whether the allowance of an appeal to this court by the Court of Claims, absolutely and of itself removes a cause from its jurisdiction, so that no order revoking such allowance can be made.
1Opinion of the Court
The CHIEF JUSTICE
stated the case and delivered the opinion of the court.
The act of Congress, 3d March, 1863, authorizes appeals from the Court of Claims to this court under such regulations as this court may direct, provided such appeals be taken within ninety days after such judgment or decree.
By our third rule, regulating these appeals, we directed that this limitation of ninety days should “cease to run from the time of the application for the appeal.” In other words, the appeal was taken, in the sense of the act, when the defeated party in the Court of Claims signified, by his motion for…
2Cited by17 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Goddard v. OrdwaySupreme Court of the United States · 1880
- Luckenbach Steamship Co. v. United StatesSupreme Court of the United States · 1926
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