Tott v. Arthur
U.S. Circuit Court for the District of Southern New York
[This was an action by Janies Potts and others against Chester A. Arthur, collector of the port of New York, to recover back duties paid on certain books.]
1Opinion of the Court
BliVTCHFORD, Circuit Judge.
I think that section 3012 of the Revised Statutes must be consumed in connection with section 954, and that it is directory merely. Where jurisdiction of a cause is acquired by a court, whether one of general jurisdiction or one proceeding under a special statute, the well settled rule is, that the time fixed by statute for the performance of intermediate steps is to be regarded as directory merely, and that an omission to perform one or more of them in time will not render the whole proceeding abortive. In re Empire City Bank, 18 N. Y. 199, 220; People v. Cook, 8…
2Cases cited3 opinions
- The People v. . CookNew York Court of Appeals · 1853
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Pott v. ArthurSupreme Court of the United States · 1882
3Cited by4 opinions
- Castner v. MagoneU.S. Circuit Court for the District of Southern New York · 1887
- Dieckerhoff v. RobertsonU.S. Circuit Court for the District of Southern New York · 1887
- Rickard v. BarneyU.S. Circuit Court for the District of Southern New York · 1887
- Sherman v. HeddenU.S. Circuit Court for the District of Southern New York · 1887