FAYOLLE
v.
TEXAS AND PACIFIC RAILROAD COMPANY

U.S. | 1888-02-06
124 U.S. 519 Supreme Court of the United States (1888) Positive Treatment
Also reported at: 31 L. Ed. 533 · 8 S. Ct. 588 · 1888 U.S. LEXIS 1890 · SCDB 1887-139
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A railroad company's appeal to the Supreme Court became inoperative when appellants failed to docket the case within the required return term, and the Court dismissed the appeal because the subsequent docketing was untimely and the offered excuse did not qualify for an exception to the procedural rule.

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
Mr. Chief Justice Waite

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

This motion is granted. The decree was rendered November 12, 1883. An appeal was taken at the same time in open court returnable to our October Term, 1884, which ended May 4, 1885, but it was not docketed here until January 17, 1888. That was too late, as the appeal. had become inoperative through the failure of the' appellants to docket the case here at the return term. Grigsby v. Purcell, 99 U. S. 505, and cases there cited; Killian v. Clark, 111 U. S. 784; Caillot v. Deetken, 113 U. S. 215. The excuse presented for the failure to docket in tirqe is not sufficient to give the appellants the benefit of any exception to this rule which was recognized in Grigsby v. Purcell, p. 507. Neither does the case come within that of Edwards v. United States, 102 U. S. 575, because the transcript of the record was not lodged in the office of the clerk of this Court until after the return term of the appeal, and no attempt was made to get it upon the docket until another term had passed and still another had begun.

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Rush v. Conner, 44 Fla. 170 (Fla. 1902)
    …ch his writ of error was made returnable, and it is, therefore, ordered that the writ of error in said cause be, and the same is hereby, dismissed at the cost of the plaintiff in error. Grigsby v. Purcell, 99 U. S. 505; Fayolle v. Texas & P. R. Co., 124 U. S. 519, 8 Sup. Ct. Rep. 588.…
  • Glenn v. Liggett, 135 U.S. 533 (U.S. 1890)
  • Richardson v. Green, 130 U.S. 104 (U.S. 1889)

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw