WOLFSOHN, EXECUTRIX,
v.
HANKIN ET AL.
Per Curiam.
The petition for writ of certiorari is granted and the judgment is reversed. Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 371 U. S. 215; Thompson v. Immigration and Naturalization Service, 375 U. S. 384.
Mr. Justice Clark,
whom
Mr. Justice Harlan, Mr. Justice Stewart and Mr. Justice White join, dissenting.
I have concluded that Harris Truck Lines v. Cherry Meat Packers, 371 U. S. 215 (1962), should be confined to its peculiar facts, i. e., a finding of “excusable neglect” under Rule 73 (a) of the Federal Rules of Civil Procedure. I say this, although I joined Harris, because the Court has used Harris to spawn the present hopeless confusion which I never contemplated at the time of its decision. Harris was the authority upon which the Court rested Thompson v. Immigration and Naturalization Service, 375 U. S. 384 (1964), despite the fact that Thompson involved Rules 52 (b) and 59 (b) and (e) with their specific requirements that the motion must be made or served not later than 10 days after the entry of judgment. The Court brushed aside these express and unambiguous mandates of Congress with the assertion that Thompson “fits squarely within the letter and spirit of Harris.” 375 U. S. 384, 387. And now comes a third case, involving the same Rule 59 (b), which further compounds the subversion of the rules. It appears clear to me that through Harris this Court has given trial judges the de facto power to grant extensions of time, directly contra to the definite requirements of Rules 52 (b) and 59 and the command of Rule 6 (b) that the court “may not extend the time for taking any action under rules ... 52 (b), 59 (b), (d) and (e) . . . I therefore respectfully dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (41 total)
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Houston v. Lack, 487 U.S. 266 (U.S. 1988)…. Proc. 4(a)(5). This, he suggests, constitutes a “unique circumstance” of the sort recognized in Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U. S. 215, 217 (1962); Thompson v. INS, 375 U. S. 384, 387 (1964); and Wolfsohn v. Hankin, 376 U. S. 203 (1964). Petitioner asserts that those cases establish an equitable doctrine that sometimes permits the late filing of notices of appeal. Our later cases, however, effectively repudiate the Harris Truck Lines approach, affirming that the timely fili…
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Vine v. Beneficial Fin. Co., Inc., 374 F.2d 627 (2d Cir. 1967)…int was not decided until after thirty days had run from the original order of February 23. Under these circumstances, we think that Vine could reasonably withhold his notice of appeal until the motion to reargue was decided. See Wolfsohn v. Hankin, 376 U.S. 203, 84 S.Ct. 699, 11 L.Ed.2d 636 (1964), reversing 116 U.S.App.D.C. 127, 321 F. 2d 393 (D.C.Cir.1963); Thompson v. Immigration & Naturalization Serv., 375 U.S. 384, 84 S.Ct. 397, 11 L.Ed.2d 404 (1964). As to what was brought here for review, consider…
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Berman v. United States, 378 U.S. 530 (U.S. 1964)…to “alter or amend” the judgment would cause the time for an appeal to run anew. Moreover, even a motion which is not timely has been held sufficient in civil cases under Rule 73’s provision dealing with “excusable neglect.” See Woljsohn v. Hankin, 376 U. S. 203; Thompson v. Immigration and Naturalization Service, 375 U. S. 384; Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 371 U. S. 215. Surely the rule in criminal cases should not be more strictly applied. Even more odd is the fact that this pe…
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- Thompson v. Immigr. & Naturalization Serv., 375 U.S. 384 (U.S. 1964)
- Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215 (U.S. 1962)