105 U.S. 265 - James v. McCormack — 105 U.S. 265

How this case has been cited

Cited by 59 later decisions (9 by the Supreme Court) — most recently May 1975 · most notably Berman v. United States (1937), Aspen Mining & Smelting Co. v. Billings (1893)

26 federal appellate · 4 district · 11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1An appeal, dismissed under rule 16, will not be reinstated, .unless good cause . therefor be shown. .

¶2Motion to reinstate an appeal from the Circuit Court of the United States for the Western District of Virginia.

¶3Mr. John Ambler Smith in support of the motion.

¶4Mr. John W. Johnston and Mr. John A. Campbell, contra.

¶5Mr. Chief Justice Waite

¶6delivered the opinion of the court.

¶7When 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.

¶8Motion denied-.-