Seymour v. Freer
Cases that cite this one
16 later published cases cite this decision.
- Richards v. United States (D.C. Cir. 1951)
- In re Hurley Mercantile Co. (5th Cir. 1932)
- Coppard v. Atascosa County State Bank of Jourdanton (5th Cir. 1932)
- Hostetter v. Symes (8th Cir. 1925)
- City of Detroit v. Guaranty Trust Co. of New York (6th Cir. 1909)
- Corcoran v. Kostrometinoff (9th Cir. 1908)
- Blaffer v. New Orleans Water Supply Co. (5th Cir. 1908)
- Walker v. Houghteling (7th Cir. 1900)
- United States v. Moore Et Ux (5th Cir. 1950)
- United States ex rel. Mulvihill v. Clabaugh (D.C. Cir. 1903)
- The Presto (5th Cir. 1899)
- Green v. City of Lynn (1st Cir. 1898)
- Schenck v. Diamond Match Co. (3d Cir. 1896)
- Vaill v. Town Council (R.I. 1893)
- Peugh v. Davis (Supreme Court of the United States 1884)
- O'Reilly v. Edrington (Supreme Court of the United States 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
SEYMOUR
v.
FREER.
Supreme Court of United States.
The CHIEF JUSTICE delivered the opinion of the court.
We think that for the purposes of appeal this decree must be regarded as having been passed on the 20th, and that the bond was filed in time.
But if this were otherwise, and through mistake or accident no bond, or a defective bond, had been filed, this court would not dismiss the appeal, except on failure to comply with an order to give the proper security within such reasonable time as it might prescribe.[*] What is essential to an *823 appeal is allowance, citation to the appellees, or equivalent notice or waiver, and the bringing up of the record at the next term of this court. Security for prosecution should be taken by the judge on signing the citation; but if this duty be omitted or defectively performed, a remedy can be applied here on motion.
In the present case a bond, admitted to be sufficient for costs of prosecution, whether given in time to make appeal operate as a supersedeas or not, was filed in the court below before removal to this court.
The motion to dismiss the appeal must therefore be
DENIED.
NOTES
[*] Brobst v. Brobst, 2 Wallace, 96.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.