Farrar and Brown v. United States
Supreme Court of the United States
MR BENTON moved the court for leave to reinstate this case, which had been dismissed on a former day of the term for want of an appearance of the plaintiffs in error. At the first term, when the writ of error was filed, the clerk of the court had entered the appearance of the attorney general of the United States, according to the usual prac- . tice in such cases.
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MR BENTON moved the court for leave to reinstate this case, which had been dismissed on a former day of the term for want of an appearance of the plaintiffs in error. At the first term, when the writ of error was filed, the clerk of the court had entered the appearance of the attorney general of the United States, according to the usual prac- . tice in such cases. The attorney general now said, he should not object to the reinstatement if the court thought it proper under the circumstances j but he had intended , to take an objection at the. time when, the suit was dismissed, if any person…
1Opinion of the CourtChief Justice Marshall
The practice has úriifOrmly been, ever since. the seat of government was removed, to Washipgton, for the clerk to enter, at the first term to which any writ of error or appeal is returnable, the appearance of the attorney general in every case to which the United States are a party, by entering his name on the docket- . This practice must have been known to every attorney general, and Ijas never been objected to It might be considered, therefore, as having an implied acquiescence on the part of the attorney general; although it is admitted that there is no evidence of any express assent. We…
2Cited by16 opinions
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Bank of the Valley v. Bank of BerkeleyWest Virginia Supreme Court · 1869
- United States v. New York & O. S. S. Co.Court of Appeals for the Second Circuit · 1914
- Shepherd v. BrownWest Virginia Supreme Court · 1887
- State v. Thacker Coal & Coke Co.West Virginia Supreme Court · 1901
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