GARRISON
v.
CASS COUNTY
The CHIEF JUSTICE delivered the opinion of the court.
The decree in this case was rendered on the 13th June, 1861. No appeal was prayed of allowed until the June Term; 1865. At that term, on motion of the defendants below, an appeal was allowed nunc pro tunc, as of 13th June,' 1861.
There is nothing in the record which warranted the making of this order;, nor, if it could have'been lawfully made, would it avail the defendant, for there was no citation to the appellees, and the record was not brought up at the next term of this court. At most, it can only be. regarded ,as an allowance of an appeal at the June. Term, 1865, and no citation appears to have been issued since to the appellees, nor was there any equivalent notice, nor has there been any waiver. The appeal must therefore, be
Dismissed ¿or want oe jurisdiction.
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United States v. Rayburn, 91 F.2d 162 (8th Cir. 1937)…or shortened by any action of the parties or of the court. This applies to nunc pro tunc orders which would have the effect of extending (Old Nick Williams Co. v. United States, 215 U.S. 541, 544, 30 S.Ct. 221, 54 L.Ed. 318; Garrison v. Cass County, 5 Wall. 823, 18 L.Ed. 491) or of shortening (Providence Rubber Co. v. Goodyear, 6 Wall. 153, 18 L.Ed. 762) such period. It is the date of “actual entry” which controls. Providence Rubber Co. v. Goodyear, 6 Wall. 153, 156, 18 L.Ed. 762. We conclude that the app…