United States v. Gomez
Supreme Court of the United States
Motion to dismiss an appeal from the decision of the District Court for the Southern District of California, as not having been taken in time, that is to say, within five years; as having been made without citation, and as not founded on a properly certified transcript.
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Motion to dismiss an appeal from the decision of the District Court for the Southern District of California, as not having been taken in time, that is to say, within five years; as having been made without citation, and as not founded on a properly certified transcript. The case was thus: Gomez had presented a petition to the board appointed by the act of Congress of March 3d, 1851, to settle private land claims in California, praying for confirmation of a tract called the Pernoche Grande, and which, he alleged, had been granted to him in 1844 by Governor Micheltorena. The board rejected his…
1Opinion of the CourtJustice Clifford
Claimant assumes that the entry in the minutes of the fifth of June, 1857, is the final decree, and consequently that the appeal was too late. But the proposition cannot be sustained, as is evident from inspection of the record. Entry is that a decree was ordered to be entered up in conformity to such opinion. No decree of any kind, however, was drawn up, entered, or filed on that day. On the contrary, the record shows that on the seventh of January, L858, a *700decree was filed in the case, and the decree itself, after referring to the fact that the claim had been confirmed on the fifth of June,…
2Cited by3 opinions
- City of Schenectady v. FurmanNew York Supreme Court · 1891
- Gesell v. Cottonwood, City ofDistrict Court, D. Arizona · 2025
- Mehler v. CornwellDistrict of Columbia Court of Appeals · 1894