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74 U.S. 693

Blitz v. Brown

Supreme Court of the United States

Decided December 1, 1868

Supreme Court of the United States · decided 1868-12

In this case — a writ of error to the Supreme Court of the. District of Columbia — no authenticated transcript of the record had been filed. That which purported to be a transcript contained only a blank form of a certificate of authentication, without the seal o,f the eoúrt below or the signature of its clerk.

Key passage — most relied on by later courts

“The filing of such a paper, as has been filed in this case, is not the filing of the transcript at the next term after the issuing of the writ of error, without which we can have no jurisdiction of the case. The motion to dismiss must be allowed.”

quoted by 1 later decision, including 5 Okla. Crim. 480 - Dobbs v. State

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 8–0 · Decided 1868-12

How this case has been cited

Cited by 13 later decisions (1 by the Supreme Court) — most recently March 1931

2 federal appellate · 8 state decisions

7018681870188018901900191019201930decided

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.

View the full empirical analysis of this case →

¶1A writ of error dismissed where the transcript contained only a blank form of a certificate• of ¡puthentication, without the seal of the court below or , the signature of its clerk. Leave was, however, granted to'the plaintlif in error to withdraw the record, but not for the purpose of having it perfected and returned here and placed on .the docket, as. if it had beep, regularly filed.

¶2In this case — a writ of error to the Supreme Court of the. District of Columbia — no authenticated transcript of the record had been filed. That which purported to be a transcript contained only a blank form of a certificate of authentication, without the seal o,f the eoúrt below or the signature of its clerk.

¶3Two motions were now accordingly made; the first by Mr. Carlisle-, for the defendant in error, to dismiss, the second, by Mr. Bradley, in behalf of the plaintiff in erroT, for leave to withdraw the paper from the fijes, in order that the blank certificate might be duly signed and sealed, and that when thus perfected, the record might be returned and have its place on the docket, as if regularly filed, according to law and the- practice of the court.

¶4The CHIEF JUSTICE

¶5delivered the opinion of the. court.

¶6The filing of such a paper, as has been filed in this case, is not tLe filing of the transcript at the next term after the *694issuing of the writ of error, without which we can have no jurisdiction of the case. The motion to dismiss must be allowed.

¶7• So much of the motion made in behalf of the plaintiff in error as asks' leave to withdiaw the record is .granted; but the residue of' the motion mustJbe denied. The case can be brought here only by a new writ of error.

/74/us/693 · .json · Public domain