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Williams v. Passumpsic Savings Bank, 141 U.S. 249 (1891)

Williams v. Passumpsic Savings Bank

No. 1354

Submitted March 30, 1891

Decided April 6, 1891

141 U.S. 249


A decree in chancery in a circuit court having been brought up by writ of error instead of appeal, the defendant in error consented to the dismissal of the writ, and the Court announced that if an appeal is seasonably taken, the transcript of the record in this cause may be filed as part of return.

This was a motion by the defendant in error to dismiss a writ of error for the following reasons:

First. Because said cause is a suit in equity and not at law, and for that reason a writ of error does not lie to revise the proceedings of the United States circuit court in the premises.

Second. Because the proceedings sought to be revised by said writ of error terminated in a final decree and judgment on the 19th day of October, 1889 at a term of the United States Circuit Court in and for the Northern District of Florida, which term finally terminated and adjourned on the 22d day of November, 1889, and said writ of error was not sued out until the first day of July, 1890, and no citation has ever been issued ar served in said cause.

Thereupon the plaintiffs in error moved as follows:

"Now come the plaintiffs in error in the above entitled cause, by H. Bisbee, their solicitor, and consent to granting the motion to dismiss, made by defendant in error, and plaintiffs in error move for leave to withdraw the transcript of the record on the ground that the failure to bring the cause within the jurisdiction of this Court is not attributable to their negligence, but to that of their solicitors in the court below, and plaintiffs desire to take and perfect an appeal. and should not be subjected to the expense of another transcript. "

Page 141 U. S. 250

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