THE DOURO
THE DOURO
3 Wall. 564
Supreme Court of the United States (1865)
Positive Treatment
Also reported at: 18 L. Ed. 168 · 1865 U.S. LEXIS 739 · SCDB 1865-041
Cited by 1 case
Opinion of the Court
The CHIEF JUSTICE delivered the opinion of the court.
The decree of the District Court in this cause is affirmed. -It is impossible to imagine a plainer case for condemnation for breach of blockade. The statements of the captain as to breaking the blockade are explicit, and the mate says substantially the same thing as he does.
We cannot approve the conduct of the counsel who advised this appeal. An appeal is a matter of right, and, if prayed, must be allowed; but should never be prayed without some expectation of reversal. We impose penalties when writs of error merely for delay are sued out, in cases of judgments at law for damages; and if the rule were applicable to the ease before us we should apply it.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ross v. White, 32 F.2d 750 (6th Cir. 1929)…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 to act on such a…