BARREL
v.
TRANSPORTATION COMPANY

U.S. | 1865-12-01
3 Wall. 424 Supreme Court of the United States (1865) Positive Treatment
Also reported at: 18 L. Ed. 168 · SCDB 1865-038 · 1865 U.S. LEXIS 726
Cited by 3 cases

Opinion of the Court
The CHIEF JUSTICE:

The CHIEF JUSTICE:

The motion to dismiss in this case must prevail. The proceeding in the case is not warranted by any act of Congress, and we have no authority to act on such a petition. The filing of it in the clerk’s office, even if it could be regarded as addressed to the Circuit Court, would be of no avail, unless accompanied by an allowance of an appeal by that court; and in the case before us there was no allowance. '

Case dismissed.


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Cited By

  • Ross v. White, 32 F.2d 750 (6th Cir. 1929)
    …on prescribed by the act of Congress must be calculated accordingly. The day on which the writ may have been issued by the clerk, or the day on which it is tested, are not material in deciding the question.” In Barrel v. Western Transportation Co., 3 Wall. 424, 18 L. Ed. 168, the record showed that no appeal had been prayed or allowed in the Circuit Court. The case was dismissed, Mr. Chief Justice Chase saying: “The proceeding in the case is not warranted by any act of Congress, and we have no authority t…

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