Legal Opinion

Todd v. Daniel

Supreme Court of the United States

Decided March 10, 1842PublishedCited by 35 opinions

APPEAL from the Circuit Court of the United States for the district of Maine. Mr. Davies, for the appellée, moved to dismiss the appeal. He stated that the appeal had been actually entered in the Circuit Court, in the names of the appellants mentioned on the record; but that there were other defendants in the .Circuit Court, against whom the decree had been rendered^ who had not joined in the appeal, not having had any regular notice of such appeal.

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APPEAL from the Circuit Court of the United States for the district of Maine. Mr. Davies, for the appellée, moved to dismiss the appeal. He stated that the appeal had been actually entered in the Circuit Court, in the names of the appellants mentioned on the record; but that there were other defendants in the .Circuit Court, against whom the decree had been rendered^ who had not joined in the appeal, not having had any regular notice of such appeal. They were Hayes, Gouch, and Westcott. Of the above-named appellants, James Todd, alone, enters his appearance here, by his counsel, Francis O. J.…

1Opinion of the CourtJustice Story

This is an appeal from the decree of the Circuit Court for the district of Maine, in a suit in equity, in which the appellants were the original defendants. After the decree was. made, an appeal was claimed by all the defendants, and allowed by the Court. A part of the defendants who originally claimed the appeal before any further proceedings, abandoned their appeal; and thfe’residue of them, excepting Todd, have, since the session of this Court, abandoned their appeal, and Todd only has entered his appearance. But the record stands' in the names of all the defendants as parties appellant.…

2Cases cited2 opinions

  1. Cox and Dick v. United StatesSupreme Court of the United States · 1832
  2. Thomas Deye Owings and Others v. Andrew KincannonSupreme Court of the United States · 1833

3Cited by35 opinions

  1. Winters v. United StatesSupreme Court of the United States · 1908
  2. Forgay v. ConradSupreme Court of the United States · 1848
  3. Masterson v. HerndonSupreme Court of the United States · 1870
  4. Hardee v. WilsonSupreme Court of the United States · 1892
  5. Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1891

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