Independentackley, Hardin County, Iowa v. Hall
| Decision Date | 18 December 1882 |
| Docket Number | SCHOOL-DIST |
| Citation | 106 U.S. 428,1 S.Ct. 417,27 L.Ed. 237 |
| Parties | INDEPENDENTACKLEY, HARDIN COUNTY, IOWA, v. HALL |
| Court | U.S. Supreme Court |
Galusha Parsons, for plaintiff in error.
A. T. Britton and Walter H. Smith, for defendant in error.
These motions are denied. A failure to annex to or return with a writ of error an assignment of errors, as required by section 997 of the Revised Statutes, is no ground for dismissal for want of jurisdiction. If an assignment is filed in accordance with the requirements of paragraph 4, rule 21, it will ordinarily be enough.
There is not in this case such a color of right to a dismissal as to make it proper for us to consider the motion to affirm. Whitney v. Cook, 99 U. S. 607.
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Hanson v. C. B. & Q. R. R. Company
...appeal. Paragraph 4 of Rule 21 of this court provides that the court may at its option notice a plain error not assigned." (Citing Sch. Dist. v. Hall, supra.) Behn v. Campbell, 205 U.S. 403, 51 L.Ed. 857, 27 S.Ct. 502, after stating the fact that the brief and oral argument had gone beyond ......
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Weinstein v. Black Diamond SS Corporation
...with a writ of error an assignment of errors is not jurisdictional, so as to compel dismissal. Independent School District v. Hall, 106 U. S. 428, 1 S. Ct. 417, 27 L. Ed. 237; United States v. Pena, 175 U. S. 500, 502, 20 S. Ct. 165, 44 L. Ed. The motion to dismiss is denied. ...
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