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Owings v. Lessee of Tiernan

Owings Et Al. v. Lessee of Tiernan

Owings v. Lessee of Tiernan, 35 U.S. (10 Pet.) 24 (1836)
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Court
Supreme Court of the United States
Decided
January 18, 1836
Citations
35 U.S. 249 L. Ed. 33310 Pet. 241836 U.S. LEXIS 418
Cited by 9 Original from court
Headnotes
The rule of court for docketing and dismissing causes, passed at January term 1835, has never been applied- to any cases, where, before the motion was made, the cause has been actually placed on the docket. Under such circumstances, on a motion to docket, when a motion to dismiss was contemporaneously made, the cause was allowed to be docketed; the usual bond for the clerk’s fees being given. Time was given to the plaintiff in error to give the bond.
Summary
ERROR to the circuit court of the United for the district of Kentucky. A motion was made by Mr. Underwood for the defendant in error, to docket and dismiss this suit, according to the amended rule of the court passed at tht last term, for want of its being duly entered on the docket; the writ of error having been sued out before the last January term, and the suit not having been docketed at that term, or at the present term. A motion was contemporaneously made by Mr. Crittenden for the plaintiff in error to docket the suit now, the record having been returned to the clerk’s office in October last, and the docketing of it haying been delayéd on account of the usual bond for the clerk’s fees not having been given by the plaintiff in error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

Mr. Justice Story delivered the opinion of the Court, to the following effect: The rule of the court for docketing and .dismissing causes' has never been applied to any cases, where, before the motion was made, the cause had been actually placed on the docket. In. the. present case, the motion to'dismiss, and the motion to docket the cause, are contemporaneous. . The court are of opinion that, under such circumstances, the ¿notion to docket, the cause ought to be allowed ; upon the usual bond for. the clerk’s fees being given. For this purpose time will be given to the plaintiff in error, (as it is asked), until the 1st day of.March next. If by that time no bond is given, the cause will then be dismissed according the motion of the defendant in error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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1836–1837: 11840–1841: 11890–1891: 11894–1895: 11896–1897: 11906–1907: 11910–1911: 11936–1937: 218362026peak 1936 · 2

Relies on it most ⓘ

  1. Blackburn v. Morrison1910 OK 188, 118 P. 402
  2. Vogel v. Saunders92 F.2d 984 (D.C. Cir. 1937)
  3. American Gas Machine Co. v. Willcuts87 F.2d 924 (8th Cir. 1937)
  4. Equitable Life Assur. Soc. v. Tolbert145 F. 338 (8th Cir. 1906)
  5. Samuel D. Harris and Others v. Jesse D. Elliott35 U.S. (10 Pet.) 25 (1836)
  6. Andrews v. Thum64 F. 149 (1st Cir. 1894)

Most recent

  1. Vogel v. Saunders92 F.2d 984 (D.C. Cir. 1937)
  2. American Gas Machine Co. v. Willcuts87 F.2d 924 (8th Cir. 1937)
  3. Blackburn v. Morrison1910 OK 188, 118 P. 402
  4. Equitable Life Assur. Soc. v. Tolbert145 F. 338 (8th Cir. 1906)
  5. West Chicago St. R. v. Ellsworth77 F. 664 (7th Cir. 1897)
  6. Andrews v. Thum64 F. 149 (1st Cir. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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