JAMES
v.
MCCORMACK

U.S. | 1881-10-01
105 U.S. 265 Supreme Court of the United States (1881) Caution
Also reported at: 26 L. Ed. 1044 · 1881 U.S. LEXIS 2119 · SCDB 1881-041
Cited by 43 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

When the appellant was called and his appeal dismissed, the case had been nearly three years on the docket of this court. He had no brief on file, and was not present, either in person or by counsel. Under these circumstances the appellees were entitled, under Rule 16, to a dismissal. No notice of their in-' tention to enforce the rule was necessary. The appellant has not excused himself for his default, and his' case is clearly within that of Hurley v. Jones (97 U. S. 318), in which we announced our intention to enforce rigidly this salutary rule, and not to set aside defaults growing out of the neglect of counsel or parties, except for very good cause.

Motion denied-.-

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (23 total)

  • Vitiello v. Approved Awning & Shutter Co., 7 Fla. Supp. 158 (Fla. Industrial Comm'n 1955)
    …larly, the trial court cannot vacate its allowance of an appeal except at the term at which the judgment, order, or decree appealed from was entered.” 3 Am. Jur. 193, sec. 529, citing Goddard v. Ordway, 101 U. S. 745, 25 L. ed. 1040; Keyser v. Farr, 105 U. S. 265, 26 L. ed. 1028; Re Roberts, 15 Wall 384, 21 L. ed. 131; Cherokee Nation v. Whitmire, 223 U. S. 108, 56 L. ed. 370, 32 S. Ct. 200. “Only a valid and final judgment can be res judicata.....Similarly, the doctrine of res judicata is not applicable to…
  • Berman v. United States, 302 U.S. 211 (U.S. 1937)
    …ce was a final judgment and appeal therefrom was properly taken, the District Court was without jurisdiction during the pendency of that appeal to modify its judgment by resentencing the prisoner. Draper v. Davis, 102 U. S. 370, 371; Keyser v. Farr, 105 U. S. 265, 266; Spirou v. United States, 24 F. (2d) 796, 797; United States v. Radice, 40 F. (2d) 445, 446; United States v. Habib, 72 F. (2d) 271. The judgment of the Circuit Court of Appeals is reversed so far as it dismissed the first appeal and affirmed…
  • Aspen Mining & Smelting Co. v. Billings, 150 U.S. 31 (U.S. 1893)
    …to that power so long as the appeal remains unperfected and the cause has not passed into the jurisdiction of the appellate tribunal.' Ex parte Roberts, 15 Wall. 384; Goddard v. Ordway, 101 U. S. 745; Draper v. Davis, 102 U. S. 370; Keyser v. Farr, 105 U. S. 265. There is nothing to the contrary in Feans v. State Bank, 134 U. S. 330, in which it was held that our jurisdiction may be maintained when the record on appeal has been filed here during the term to which the appeal was returnable, even though bond…

Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw