SCHOOL DISTRICT OF ACKLEY
v.
HALL

U.S. | 1882-10-01
106 U.S. 428 Supreme Court of the United States (1882) Negative Treatment
Also reported at: 27 L. Ed. 237 · 1 S. Ct. 417 · SCDB 1882-068 · 1882 U.S. LEXIS 1557
Cited by 43 cases
Opinion of the Court
Mr. Chief Justice Waite

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

A failure to annex to or return with a writ of error an assignment of errors, as required by. sect. 997 of the Revised Statutes, is no ground for dismissal for want of jurisdiction. If an assignment is filed in accordance with the requirements of par. 4, Rule 21, it will ordinarily be enough.

There is not in this case such a color of right to a dismissal as to make it proper for us to consider the motion to affirm. Whitney v. Cook, 99 U. S. 607.

Motions denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (19 total)

  • Irving Tr. Co. v. Kaplan, 155 Fla. 120 (Fla. 1944)
    …etely and finally disposes of a branch of the cause which may be separate and distinct from other parts thereof. See Lewisburg Bank v. Sheffey, 140 [*126] U. S. 445, 35 L. Ed. 493, 11 S. Ct. 775; Grant v. Phoenix Mutual Life Ins. Co., 106 U. S. 429, 27 L. Ed. 237, 1 S. Ct. 414. The issues adjudicated generally are put at rest by the judgment entered. The rule is well expressed in 31 Am. Jur. 145-6, par. 535, viz: “Conclusiveness. — Under the full faith and credit clause of the Constitution of the United St…
  • Blackburn v. Ippolito, 156 So. 2d 550 (Fla. 2d DCA 1963)
    …especially a scheme by which one or more prizes are distributed by chance among persons who have paid or promised a consideration for a chance to win them. * * * ’ This definition was approved in Horner v. United States, 147 U.S. 449, 13 S.Ct. 409, 27 L.Ed. 237. See also 34 Am.Jur. 646. “The English definition of a lottery, based upon judicial decisions, states that a lottery is any scheme, device or plan for distributing prizes by lot or chance. While the elements of a lottery are not enumerated, the Eng…
  • Old Nick Williams Co. v. United States, 215 U.S. 541 (U.S. 1910)
    …s dismissed. It was ruled also that the failure to file an assignment of errors, although required by the act of .Congress, and the rule of court, was not jurisdictional and could be waived. Revised Statutes, § 997; Rule 11; School District v. Hall, 106 U. S. 428. In Conboy v. Bank, 203 U. S. 141, it was held that the time within which an appeal may be taken under § 25b of the bankruptcy act and general order in bankruptcy XXXVI runs from. the entry of the original judgment or decree, and when it has expire…

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