Mesa v. the United States

Decision Date01 December 1862
PartiesMESA v. THE UNITED STATES
CourtU.S. Supreme Court

This was a California land case, in which an appeal had been taken by the Claimant and one Clark, an intervenor. The appella ts suffered a term to pass without filing a copy of the record in this Court, but at the second term brought up the transcript and had it docketed.

Mr. Gillet, of Washington City moved that the appeal be dismissed.

Mr. Magraw, of Pennsylvania, and Mr. McDougall of California, opposed the motion.

PER CURIAM.

Let this appeal be dismissed. It has not been prosecuted in the manner directed nor within the time limited by the Act of Congress, which requires that the transcript shall be filed at the next succeeding term after the appeal is taken

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4 cases
  • Gonzalez v. Thaler
    • United States
    • U.S. Supreme Court
    • January 10, 2012
    ...L.Ed. 91 (1869). The Court routinely dismissed cases that did not comply with that requirement. See, e.g., Mesa v. United States, 2 Black 721, 721–722, 17 L.Ed. 350 (1863)(per curiam); Edmonson, supra, at 309–310; Steamer Virginia v. West, 19 How. 182, 183, 15 L.Ed. 594 (1857). The same jur......
  • Freeman v. United States
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 25, 1915
    ... ... 215, 5 Sup.Ct. 432, 28 L.Ed. 983 ... (1885); State v. Demarest, 110 U.S. 400, 4 Sup.Ct ... 25, 28 L.Ed. 191 (1884); The Tornado, 109 U.S. 110, 3 Sup.Ct ... 78, 27 L.Ed. 874 (1883); Mussina v. Cavazos, 6 Wall ... 355, 358, 18 ... [227 F. 736] ... L.Ed. 810 (1868) ; Mesa v. United States, 2 Black, ... 721, 17 L.Ed. 350 (1862); United States v. Fremont, ... 18 How. 30, 15 L.Ed. 302 (1855) ... In ... Mussina v. Cavazos, supra, Mr. Justice Miller explained the ... ground on which the decisions are based by saying that they ... rest on the general ... ...
  • De Krafft v. Barney
    • United States
    • U.S. Supreme Court
    • December 1, 1862
    ... ... December Term, 1862 ...           Appeal from the Circuit Court of the United States for the District of Columbia ...           The appellant, De Krafft, by two ... ...
  • Williams Bros. v. Savage
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • February 10, 1903
    ...120 F. 497 WILLIAMS BROS. v. SAVAGE. No. 442.United States Court of Appeals, Fourth Circuit.February 10, 1903 ... James ... E. Heath, Jr., ... term next succeeding the taking of the appeal, the appeal ... will be dismissed. Mesa v. U.S., 2 Black, 721, 17 ... L.Ed. 350. There is nothing in the record which can inform ... the ... ...
1 books & journal articles
  • The Road to Bush v. Gore:1 the History of the Supreme Court's Use of the Per Curiam Opinion
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 79, 2021
    • Invalid date
    ...achieve unanimity." B.E. WITKIN, MANUAL ON APPEL-LATE COURT OPINIONS 254 (1977). 9. 121 S. Ct. 471 (2000). 10. 121 S. Ct. 525 (2000). 11. 67 U.S. 721 (1862). 12. Id.* at 722. In its earliest years and later under Chief Justice Marshall, the Court issued opinions without indicating authorshi......

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