Supreme Court of the United States, 1881

James v. McCormack

Supreme Court of the United States · Decided December 6, 1881 · Waite

105 U.S. 265; 26 L. Ed. 1044; 1881 U.S. LEXIS 2119; 15 Otto 265 (United States Reports)

Counsel

Mr. John Ambler Smith in support of the motion., Mr. John W. Johnston and Mr. John A. Campbell, contra.

Cases that cite this one

3 later published cases cite this decision.

Piedmont Ford Truck Sale, Inc. v. City of Greensboro (N.C. Ct. App. 1988)
United States v. Lester Ramsey (7th Cir. 1974)
Flaherty v. McCormick (Ill. 1888)

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

Mr. Chief Justice Waite

delivered the opinion of the court.

When the appellant was called and his appeal dismissed, the case had been nearly three years on the docket of this court. He had no brief on file, and was not present, either in person or by counsel. Under these circumstances the appellees were entitled, under Rule 16, to a dismissal. No notice of their in-' tention to enforce the rule was necessary. The appellant has not excused himself for his default, and his' case is clearly within that of Hurley v. Jones (97 U. S. 318), in which we announced our intention to enforce rigidly this salutary rule, and not to set aside defaults growing out of the neglect of counsel or parties, except for very good cause.

Motion denied-.-

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