United States v. Vigil
Supreme Court of the United States
This was a motion-to dismiss an appeal taken on the part of the United States from the Supreme Court of the Territory of New Mexico. The suit was brought by Vigil and others to recover a parcel of land in that Territory, under a special act of Congress, passed 21st June, 1860, which gave the right of appeal to either party, if asked for within one year from-the rendition of the judgment.
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This was a motion-to dismiss an appeal taken on the part of the United States from the Supreme Court of the Territory of New Mexico. The suit was brought by Vigil and others to recover a parcel of land in that Territory, under a special act of Congress, passed 21st June, 1860, which gave the right of appeal to either party, if asked for within one year from-the rendition of the judgment. A judgment was rendered against the United States in the court below, at the January Term, 1867, from which an appeal was sought to be taken. The only question was as to its regularity. It was maintained on…
1Opinion of the CourtJustice Nelson
The action of the court below, gx’anting the application made to it by the new district attorney, and ox-dexing that an enti’y be made nune pro tunc of an appeal iix the cause, asked for at the Januaiy Term, 1867, and that the same be granted, completed the appeal, and we think it was well sustained by the proofs befox’e the coux’t.
The practice relied on for the present motion for dismissal, may be admitted, * but there are exceptions to the rule. The United States v. Gomez * ia.au. itísia^ce. There the proceedings on the appeal had bé'en suspended for the purpose of a motion in the court…
2Cited by17 opinions
- Gagnon v. United StatesSupreme Court of the United States · 1904
- Matton Steamboat Co. v. MurphySupreme Court of the United States · 1943
- Downey v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- Ex Parte FarrellCourt of Appeals for the First Circuit · 1951
- Cardona v. QuinonesSupreme Court of the United States · 1916
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