Scarborough v. Pargoud
| Decision Date | 07 May 1883 |
| Parties | SCARBOROUGH, Tutor, etc., v. PARGOUD |
| Court | U.S. Supreme Court |
John W. Scarborough, for himself.
No counsel for defendant in error.
The final decree in this case was rendered on the thirteenth of July, 1878, and while the writ of error was allowed by the chief justice of the supreme court of Louisiana, and a bond approved and citation signed on the fifth of July, 1880, the writ of error was not actually issued until the fourteenth, and the copy was not lodged in the clerk's office until the sixteenth, of that month. No judgment or decree of a state court can be reviewed in this court unless the writ of error is brought within two years after the entry of the judgment. Rev. St. § 1008; Cummings v. Jones, 104 U. S. 419. In Brooks v. Norris, 11 How. 207, it was decided (Chief Justice TANEY, speaking for the court) that This case is cited with approval in Mussina v. Cavazos, 6 Wall. 360.
It follows that the writ of error in this case was not brought within the time limited by law, and we have consequently no jurisdiction. For that reason the writ is dismissed.
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Gonzalez v. Thaler
...see, e.g., Credit Co. v. Arkansas Central R. Co., 128 U.S. 258, 261, 9 S.Ct. 107, 32 L.Ed. 448 (1888) ; Scarborough v. Pargoud, 108 U.S. 567, 2 S.Ct. 877, 27 L.Ed. 824 (1883). Today, when a petition for certiorari in a civil case is not filed within the time prescribed by 28 U.S.C. § 2101(c......
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Bowles v. Russell
...Court regarded statutory limitations on the timing of appeals as limitations on its own jurisdiction. See Scarborough v. Pargoud, 108 U.S. 567, 568, 2 S.Ct. 877, 27 L.Ed. 824 (1883) (“[T]he writ of error in this case was not brought within the time limited by law, and we have consequently n......
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Greyerbiehl v. Hughes Electric Co.
... ... No writ of error was filed. Old Nick Williams Co. v ... U.S., 215 U.S. 541, 30 Sup.Ct. 221, 54 L.Ed. 318; ... Scarborough v. Pargoud, 108 U.S. 567, 2 Sup.Ct. 877, ... 27 L.Ed. 824; Polleys v. Black River Co., 113 U.S ... 81, 5 Sup.Ct. 369, 28 L.Ed. 938; U.S. v ... ...
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Bowles v. Russell
...appeals, this Court regarded statutory limitations on the timing of appeals as limitations on its own jurisdiction. See Scarborough v. Pargoud, 108 U. S. 567, 568 (1883) ("The writ of error in this case was not brought within the time limited by law, and we have consequently no jurisdiction......