Alviso v. United States

Supreme Court

Alviso v. United States

5 U.S. 824

DecidedDecember 15, 1866

StatusPublished

This text of 5 U.S. 824 (Alviso v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alviso v. United States, 5 U.S. 824 (1866).

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Opinion

the GHIEF JUSTICE

stated the case and gave the.opinion of the court.

The final decree in the District Court was rendered on ,the 8th September, 1868., and an appeal was allowed, on motion of the claimant, on the 18th November, 1863. Upon this appeal no action- was taken by the appellants. On the .23d February, 1864, an appeal was again allowed, and the record was brought to this court .and filed November 11, 1864.

This was in time, but no citation was issued to the adverse party, and there is nothing to show any waiver; and a citation, with due return, or waiver by general appearance or otherwise, is indispensable to jurisdiction on appeal.

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the GHIEF JUSTICE

stated the case and gave the.opinion of the court.

The final decree in the District Court was rendered on ,the 8th September, 1868., and an appeal was allowed, on motion of the claimant, on the 18th November, 1863. Upon this appeal no action- was taken by the appellants. On the .23d February, 1864, an appeal was again allowed, and the record was brought to this court .and filed November 11, 1864.

This was in time, but no citation was issued to the adverse party, and there is nothing to show any waiver; and a citation, with due return, or waiver by general appearance or otherwise, is indispensable to jurisdiction on appeal.

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Bluebook (online)

5 U.S. 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alviso-v-united-states-scotus-1866.