Chester v. Morgan
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant from a decree dismissing a bill for specific performance. The Court in its opinion stated the case as follows: This is a suit in equity to enforce specific performance of an alleged contract for the conveyance of certain real estate in the city of Washington.
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Hearing on an appeal by the complainant from a decree dismissing a bill for specific performance. The Court in its opinion stated the case as follows: This is a suit in equity to enforce specific performance of an alleged contract for the conveyance of certain real estate in the city of Washington. The bill of complaint, which was filed by the appellant here, Augustin Chester, as complainant, on November 24, 1896, sets forth that, on or about May 27, 1879, the complainant purchased a house and parcel of ground known as No. 1016 Eleventh street, northwest, in the city of Washington, the ground…
1Opinion of the CourtJustice Morris
1. After the filing of the transcript of record in this court, the appellees, appearing specially for the purpose, moved to dismiss the appeal on the ground that the citation had not been issued within the time limited for the purpose by the rules of this court, which require that such citation shall be issued within five days after the taking of the appeal. That motion, however, was continued until the hearing on the merits. It is proper that it should now be noticed.
Citation is intended for the purpose of notice; and parties are not entitled to bring their causes to this court by appeal…
2Cases cited2 opinions
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Hennessy v. WoolworthSupreme Court of the United States · 1888
3Cited by1 opinion
- Stokes v. HindenCourt of Appeals for the D.C. Circuit · 1936