The Roanoke
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] In this case, which was a libel in rem, after this court had, on the appeal of the claimants, afftrmed the decree of the district court in favor of the libellant, the claimants took an appeal to the supreme court, but omitted to serve a copy of their petition of appeal, and of its allowance, by lodging a copy thereof in the office of the clerk of this court, for the li-bellant,…
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[Appeal from the district court of the United States for the Southern district of New York.] In this case, which was a libel in rem, after this court had, on the appeal of the claimants, afftrmed the decree of the district court in favor of the libellant, the claimants took an appeal to the supreme court, but omitted to serve a copy of their petition of appeal, and of its allowance, by lodging a copy thereof in the office of the clerk of this court, for the li-bellant, within ten days, Sundays exclusive, after the decree of this court was made, as is required by the second section of the act…
1Opinion of the Court
NELSON, Circuit Justice.
The question involved in this motion has been up several times in this court, and also in the supreme court; and it has been uniformly held, that if the party appealing, or taking out a writ of error, desires to stay execution, he must comply, within the ten days, with all the requirements of the statute. Although the court has sometimes enlarged the time before the expiration of the ten days, yet it is not within its power to dispense with any of the requisitions of the statute, and it cannot, after the expiration of the ten days, make such an order as was made in…
2Cited by1 opinion
- Wellborn v. . YoungerSupreme Court of North Carolina · 1824