Scarborough v. Pargoud
Cases that cite this one
25 later published cases cite this decision.
- Bowles v. Russell (Supreme Court of the United States 2007)
- Reed Elsevier, Inc. v. Muchnick (Supreme Court of the United States 2010)
- Hill v. Hawes (D.C. Cir. 1942)
- United Drug Co. v. Helvering (2d Cir. 1940)
- General Motors Acceptance Corp. v. Lawrence (8th Cir. 1925)
- Carriere & Son v. United States (U.S. Circuit Court for the District of Western Michigan 1908)
- Gonzalez v. Thaler (Supreme Court of the United States 2012)
- Gonzalez v. Thaler (Supreme Court of the United States 2012)
- Reed Elsevier, Inc. v. Muchnick (Supreme Court of the United States 2010)
- Greyerbiehl v. Hughes Electric Co. (8th Cir. 1923)
- Siegelschiffer v. Penn Mut. Life Ins. (2d Cir. 1917)
- Kentucky Coal, Timber, Oil & Land Co. v. Howes (6th Cir. 1907)
- Rutan v. Johnson (3d Cir. 1904)
- Threadgill v. Platt (U.S. Circuit Court for the District of Western Virginia 1895)
- Polleys v. Black River Improvement Co. (Supreme Court of the United States 1885)
- Roney v. Van Ness (Supreme Court of the United States 1913)
- Mutual Life Insurance v. Phinney (Supreme Court of the United States 1900)
- City of Waxahachie v. Coler (5th Cir. 1899)
- Mutual Life Ins. v. Phinney (9th Cir. 1896)
- Union Pac. Ry. Co. v. Colorado Eastern Ry. Co. (8th Cir. 1893)
- Warner v. Texas & P. Ry. Co. (5th Cir. 1893)
- State v. Mitchell (Fla. 1892)
- United States v. Baxter (8th Cir. 1892)
- Credit Co. v. Arkansas Central Railway Co. (Supreme Court of the United States 1888)
- Whitsitt v. Union Depot & Railroad (Supreme Court of the United States 1887)
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
delivered the opinion of the court.
The final decree in this case was rendered on the 13th 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 5th of July, 1880, the writ of error was not actually issued until the 14th, and the copy was not lodged in the clerk’s office until the 16th 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. Stats. § 1008-; *568 Cummings v. Jones, 104 U. S. 419. In Brooks v. Norris, 11 How. 204, it was decided,.Chief Justice Taney speaking for the court, that “ the writ of error is not brought, in the legal meaning of the term, until it is filed in the court -which rendered the judgment. It is the filing of the writ that removes the record from the inferior to the appellate court, and the period of limitation prescribed by the act of Congress must be calculated accordingly. 5 This case is cited with approval in Mussina v. Cavazos, 6 Wall. 355.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.