138 U.S. 403 - Cheney v. Hughes — 138 U.S. 403

How this case has been cited

Cited by 13 later decisions (3 by the Supreme Court) — most recently March 1958

6 federal appellate · 3 district ·

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.

¶1ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA.

¶2The court refuses to permit a plaintiff in error, at whose motion the cause has been dismissed at his cost, to withdraw the transcript of the record from the files of this court. .

¶3The following motion signed by the counsel was made and submitted in this case on behalf of the plaintiff in error.

¶4“Now comes Prentiss D. Cheney the plaintiff' in error and moves the court for leave to withdraw the transcript of the record of the court below heretofore filed herein.

¶5“ A motion to dismiss at the cost of the plaintiff in error being also filed herewith.”

¶6Mr. William A. MoKenney for the motion. No appearance on the other side.

¶7Mr. Chief Justice Fuller

¶8delivered the opinion of the court.

¶9The writ of error in this case was dismissed by plaintiff in error on the 5th of January, and at the same time a motion was made on his behalf for leave to withdraw the transcript of record heretofore filed herein. The transcript has become a part of the records of this court, which we cannot permit to be mutilated or destroyed. Its contents aré accessible here, and the original record remains in the Circuit Court. If information is desired, either source may be resorted to.

¶10The motion is denied.