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Barrel v. Transportation Co.

Barrel v. Transportation Company

Barrel v. Transp. Co., 70 U.S. (3 Wall.) 424 (1866)
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Court
Supreme Court of the United States
Decided
February 19, 1866
Citations
70 U.S. 42418 L. Ed. 1683 Wall. 4241865 U.S. LEXIS 726
Cited by 6
Syllabus
A petition for an appeal to this court fro^ the Circuit Court, filed in the office of the clerk of the Circuit Court merely, unaccompanied by an allowance of the appeal by that court, does not bring the case up. An appeal thus made dismissed.
Summary
Motion by Mr. Browning {Mr. Mae, contra) to dismiss an appeal from the Circuit Court of the United States for the Northern District of Illinois. The record showed that no appeal had been prayed or allowed in the Circuit Court. Accompanying the record, however, was a petition addressed to that court, which prayed for an appeal. This petition was dated on the 20th July, 1865, ten days after the decree, and was filed on the same 20th of July, in the office of the clerk of the Circuit Court.

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

Opinion

The CHIEF JUSTICE:

The motion to dismiss in this case must prevail. The proceeding in the case is not warranted by any act of Congress, and we have no authority to act on such a petition. The filing of it 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. ' Case dismissed.

How later courts describe this case

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

Cited by 6 cases

View all citing references →
1866–1867: 11882–1883: 11892–1893: 11898–1899: 11908–1909: 11928–1929: 118662026peak 1866 · 1

Relies on it most ⓘ

  1. Ross v. White32 F.2d 750 (6th Cir. 1929)
  2. Blaffer v. New Orleans Water Supply Co.160 F. 389 (5th Cir. 1908)
  3. Green v. City of Lynn87 F. 839 (1st Cir. 1898)
  4. Warner v. Texas & P. Ry. Co.54 F. 920 (5th Cir. 1893)
  5. The Douro70 U.S. (3 Wall.) 564 (1866)
  6. Neis v. Yocum16 F. 168 (U.S. Cir. Ct. 1883)

Most recent

  1. Ross v. White32 F.2d 750 (6th Cir. 1929)
  2. Blaffer v. New Orleans Water Supply Co.160 F. 389 (5th Cir. 1908)
  3. Green v. City of Lynn87 F. 839 (1st Cir. 1898)
  4. Warner v. Texas & P. Ry. Co.54 F. 920 (5th Cir. 1893)
  5. Neis v. Yocum16 F. 168 (U.S. Cir. Ct. 1883)
  6. The Douro70 U.S. (3 Wall.) 564 (1866)

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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