Legal Opinion

Caillot v. Deetken

Supreme Court of the United States

Decided January 26, 1885PublishedCited by 5 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The facts are stated in the opinion of the court.

1Opinion of the CourtJustice Miller

It has been repeatedly decided by this court that where no return.has been made to a writ of error by filing the transcript of the record here, either before or during the term of the court next succeeding the filing of the writ in the Circuit Court, this court has, acquired no jurisdiction of the case, and the writ having then expired, can acquire none under that writ, and it must, therefore, be dismissed. Villabolos v. United States, 6 How. 81; Castro v. United States, 3 Wall. 46; Mussina v. Cavasos, 6 Wall. 355, 358; Murdock v. Memphis, 20 Wall. 590, 624.

In the case before us the writ of…

2Cases cited4 opinions

  1. Murdock v. City of MemphisSupreme Court of the United States · 1875
  2. Mussina v. CavazosSupreme Court of the United States · 1867
  3. Villabolos v. United StatesSupreme Court of the United States · 1848
  4. Castro v. United StatesSupreme Court of the United States · 1866

3Cited by5 opinions

  1. Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
  2. Pender v. BrownCourt of Appeals for the Fourth Circuit · 1903
  3. Fayolle v. Texas & Pacific RailroadSupreme Court of the United States · 1888
  4. Moran v. PeckCourt of Appeals for the Sixth Circuit · 1923
  5. Peralta v. CaliforniaSupreme Court of the United States · 1914

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