ALVISO
v.
UNITED STATES
the GHIEF JUSTICE stated the case and gave the.opinion of the court.
The final decree in the District Court was rendered on ,the 8th September, 1868., and an appeal was allowed, on motion of the claimant, on the 18th November, 1863. Upon this appeal no action-was taken by the appellants. On the .23d February, 1864, an appeal was again allowed, and the record was brought to this court .and filed November 11, 1864.
This was in time, but no citation was issued to the adverse party, and there is nothing to show any waiver; and a citation, with due return, or waiver by general appearance or otherwise, is indispensable to jurisdiction on appeal.*
The writ, therefore, must be
Dismissed.
*
Bacon v. Hart, Black, 38; Castro v. United States, 3 Wallace, 49.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
More v. Steinbach, 127 U.S. 70 (U.S. 1888)
-
Richardson v. Green, 130 U.S. 104 (U.S. 1889)…ice of courts of equity, as may be appropriate and necessary for the furtherance of justice.” But the issuing of a citation may be waived by the appeL [*115] lees; and a general appearance by them is a waiver of a citation. Alviso v. United States, 5 Wall. 824; Sage v. Railroad Co., 96 U. S. 712, 715. In No. 181 a general appeárance lor the appellees, T. W. Ferry, Hodgden, Elwell, Nims and TC F. Ferry, was entered in this court on January 11, 1889. As to John Bower & Co. and John F. Betz no general appear…
-
Hewitt v. Filbert & Another, 116 U.S. 142 (U.S. 1885)…it has been in some proper form waived. The San Pedro, 2 Wheat. 132, 142; Yeaton v. Lenox, 7 Pet. 220; Villabolos v. United States, 6 How. 90; United States v. Curry, 6 How. 106, 111; Castro v. United States, 3 Wall. 46, 50; Alviso v. United States, 5 Wall. 824. In Dayton v. Lash, 94 U. S. 112, it was held that, if a citation was actually issued but not served, before the first day of the term to which it was returnable, leave might be granted to make the service during that term. In this way the language…