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19 U.S. 128

Randolph v. Barbour

Supreme Court of the United States · decided 1821-02-12

moved to docket and dismiss the appeal in this case, which was a suit in Chancery, commenced in the Circuit Court of Kentucky, and a decree entered, from which aii appeal was taken, but not prosecuted. He produced a certificate from the clerk of tlie Court below to that effect.

1 counsel of record

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 6–0 · Decided 1821-02-12

How this case has been cited

Cited by 4 later decisions (3 by the Supreme Court) — most recently November 1944

1 state decisions

201821183018401850186018701880189019001910192019301940decided

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.

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¶1(Practice.)

¶2An equity suit, where an appeal has been taken from the Circuit Court to this Court, but not prosecuted, will be dismissed upon producing a certificate from the Court below, that the appeal has been taken and not prosecuted.

¶3Mr. B. Hardin, for the respondents,

¶4moved to docket and dismiss the appeal in this case, which was a suit in Chancery, commenced in the Circuit Court of Kentucky, and a decree entered, from which aii appeal was taken, but not prosecuted. He produced a certificate from the clerk of tlie Court below to that effect.

¶5The Court, stated that the case was within the spirit of the 20th rule of Court, although that rule applied) in terms, only to writs of error.

¶6Motion granted.

¶7Order.- — A certificate, from, the Clerk of the Circuit Court for the District of Kentucky, stating that an appeal had been taken in this case in May term, 1819, from the decree of the said Circuit Court, having been produced and filed, and it appearing that the record in said cause has not been filed: on motion of Mr. Hardfri, of counsel for the respondents, it is ordered, that the said appeal be and the same is hereby dismissed.a

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