Owings v. Lessee of Tiernan
Supreme Court of the United States
ERROR to the circuit court of the United for the district of Kentucky. A motion was made by Mr. Underwood for the defendant in error, to docket and dismiss this suit, according to the amended rule of the court passed at tht last term, for want of its being duly entered on the docket; the writ of error having been sued out before the last January term, and the suit not having been docketed at that term, or at the present term.
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ERROR to the circuit court of the United for the district of Kentucky. A motion was made by Mr. Underwood for the defendant in error, to docket and dismiss this suit, according to the amended rule of the court passed at tht last term, for want of its being duly entered on the docket; the writ of error having been sued out before the last January term, and the suit not having been docketed at that term, or at the present term. A motion was contemporaneously made by Mr. Crittenden for the plaintiff in error to docket the suit now, the record having been returned to the clerk’s office in October…
1Opinion of the CourtJustice Story
The rule of the court for docketing and .dismissing causes' has never been applied to any cases, where, before the motion was made, the cause had been actually placed on the docket. In. the. present case, the motion to'dismiss, and the motion to docket the cause, are contemporaneous. . The court are of opinion that, under such circumstances, the ¿notion to docket, the cause ought to be allowed ; upon the usual bond for. the clerk’s fees being given. For this purpose time will be given to the plaintiff in error, (as it is asked), until the 1st day of.March next. If by that time no bond is…
2Cited by10 opinions
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Blackburn v. MorrisonSupreme Court of Oklahoma · 1910
- Vogel v. SaundersCourt of Appeals for the D.C. Circuit · 1937
- American Gas Machine Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1937
- Andrews v. ThumCourt of Appeals for the First Circuit · 1894
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