City of Wilmington v. Ricaud
Court of Appeals for the Fourth Circuit
. In Error to the Circuit Court of the United States for the Eastern District of North Carolina. Motion to dismiss appeal.
1Opinion of the Court
SIMONTON, Circuit Judge.
The appellee interposes a motion to dismiss this appeal on the following grounds: (1) That no petition for a writ of error has ever been filed or presented, but instead thereof a petition for an appeal. (2) That no order has been made granting or allowing a writ of error, but the order made allows an appeal. (3) That no bond accompanied the petition, and the bond filed subsequent to the order is without surety. (4) That the citation was issued before any writ of error was allowed or issued.
There can be no question that the only mode of giving this court jurisdiction…
2Cases cited18 opinions
- United States v. CurrySupreme Court of the United States · 1848
- Barry v. MerceinSupreme Court of the United States · 1847
- Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
- Young v. MartinSupreme Court of the United States · 1869
- Davidson v. LanierSupreme Court of the United States · 1867
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3Cited by5 opinions
- Ana Maria Sugar Co. v. QuinonesCourt of Appeals for the First Circuit · 1918
- Old Nick Williams Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1907
- Delta Nat. Bank v. EasterbrookCourt of Appeals for the Fifth Circuit · 1904
- Kerr v. United StatesCourt of Appeals for the Seventh Circuit · 1907
- Macrum v. United StatesCourt of Appeals for the Third Circuit · 1907