The Protector
Supreme Court of the United States
On motion to dismiss an appeal; the case being this: By the 22d section of the Judiciary Act it is enacted that decrees in civil actions may be brought here by writ of error.
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On motion to dismiss an appeal; the case being this: By the 22d section of the Judiciary Act it is enacted that decrees in civil actions may be brought here by writ of error. By the 82d section of the act it is enacted: “ That no summons, writ, declaration, return, process, judgment, or other proceeding in civil causes in any of the courts of the United States, shall be abated, arrested, quashed, or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without…
1Opinion of the CourtJustice Nelson
had thus delivered it:
The motion made by the appellees to dismiss the case from the docket for want-of jurisdiction, is grounded upon a defect of the title of the parties in the appeal as allowed. The title is, “ William A. Freeborn & Co. v. The Ship Protector and owners.” This defect in a writ of error has been held fatal to the jurisdiction of the court since the case of Deneale et al. v. Stump’s Executors * down to the present time.† Nor can the writ be amended, according to repeated decisions of this court.‡ The only question before us is, whether the same rule applies to appeals in…
2Cases cited3 opinions
- Thomas Deye Owings and Others v. Andrew KincannonSupreme Court of the United States · 1833
- Williams v. Bank of United StatesSupreme Court of the United States · 1826
- Deneale and Others v. STUMP'S EXECUTORS.Supreme Court of the United States · 1834
3Cited by10 opinions
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Estis v. TrabueSupreme Court of the United States · 1888
- Gumbel v. PitkinSupreme Court of the United States · 1885
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Moore v. SimondsSupreme Court of the United States · 1879
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