PIERCE
v.
COX

U.S. | 1869-12-01
9 Wall. 786 Supreme Court of the United States (1869) Positive Treatment
Also reported at: 19 L. Ed. 786 · 1869 U.S. LEXIS 1033 · SCDB 1869-138
Cited by 12 cases

Opinion of the Court
The CHIEF JUSTICE

The CHIEF JUSTICE delivered the opinion of the court.

The motion on the part of the appellant to dismiss the appeal, on the ground that no citation was issued according to law, cannot be sustained. The appellee is in court represented by counsel, and makes no objection to the want of citation. By this appearance the citation is waived so far as the appellee is concerned, and the appellant cannot be heard to object the want of citation occasioned by her own negligence, and cured by voluntary appearance.

But the motion of the appellee must be granted on both the grounds presented.

The law does not give to this court j urisdiction of appeals from the Supreme Court of the District of Columbia when the amount in controversy is less than $1000.

There is, moreover, no evidence in the record of any allowance of .appeal; and without an allowance this court cannot acquire jurisdiction.

Writ dismissed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dower v. Richards, 151 U.S. 658 (U.S. 1894)
    …them is entitled to the benefit of that title, necessarily raises a question of Federal cognizance. If this were so, the title to all the vast domain, once vested in the.United [*670] States, could be brought from the state courts to this tribunal.” 9 Wall. 786, 786. In Crary v. Devlin, (decided February 21, 1876,) in an action to recover the price of alcohol sold, the defendants contended that the sale was unlawful because of a violation of the internal revenue laws of the United States. • The Court of A…
  • Ross v. White, 32 F.2d 750 (6th Cir. 1929)
    …t 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.” Again in Pierce v. Cox, 9 Wall. 786, 19 L. Ed. 786, the appeal was dismissed because of insufficiency of amount in controversy, but the court adds: “There is, moreover, no evidence in the record of any allowance of appeal; and without an allowance this court cannot acquire jurisdictio…
  • …n against further infringement can issue whore the patent has expired, it follows that equity cannot afford in junctional relief where at the time action is brought the patent had expired. Root v. Railway Co., supra; Bourne v. Goodyear, 9 Wall. 811, 19 L. Ed. 786; Le Roy v. De Vry Corporation, 16 F.(2d) 18 (C. C. A. 2); Wright’s Automatic Tobacco Packing Machine Co. v. American Tobacco Co. (D. C.) 220 F. 163. Where at the time an action in equity is brought the patent had so nearly expired that there is no…

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