Dayton v. Lash
Supreme Court of the United States
On motion to dismiss an appeal from the Circuit Court of the United States for the District of Minnesota.
1Opinion of the CourtChief Justice Waite
This record shows that an appeal was allowed, a supersedeas bond approved, and a citation signed Feb. 26,1876 ; but it does not show a service of the citation, and the affidavits presented upon this motion fail to satisfy- us that proper service was ever in fact made. The appeal however, duly obtained; and the record has been filed and'the cause docketed here. We have, therefore, the record; but a service of the citation is necessary to bring the parties before us, as the appeal was taken out of term. We cannot proceed to hear and determine the cause until the parties are here, either…
2Cases cited4 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Davidson v. LanierSupreme Court of the United States · 1867
- Villabolos v. United StatesSupreme Court of the United States · 1848
- City of Washington v. DennisonSupreme Court of the United States · 1868
3Cited by70 opinions
- Weden v. San Juan CountyWashington Supreme Court · 1998
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- State Ex Rel. State, Missouri Department of Agriculture v. McHenrySupreme Court of Missouri · 1985
- Boyd v. BulalaDistrict Court, W.D. Virginia · 1986
- The Framlington CourtCourt of Appeals for the Fifth Circuit · 1934
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