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74 U.S. 541

Palmer v. Donner

Supreme Court of the United States

Decided December 1, 1868

Supreme Court of the United States · decided 1868-12

This was a motion,: made by Mr. J. H. Bradley, to dismiss a writ of error directed to the Supreme Court of the State of California, on the. ground that the citation had Been signed by a district judge, which the record showed was the fact.

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 5 later decisions (1 by the Supreme Court) — most recently November 1900

1 federal appellate ·

3018681870188018901900decided

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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¶1A district judge has no authority to sign a citation upon a writ ot error to a State court. When the citation has been thus signed, the writ of error will be dismissed on motion.

¶2This was a motion,: made by Mr. J. H. Bradley, to dismiss a writ of error directed to the Supreme Court of the State of California, on the. ground that the citation had Been signed by a district judge, which the record showed was the fact.

¶3*542The. CHIEF .JUSTICE

¶4delivered the opinion of the ec urt.,

¶5The revisory jurisdiction of this court over the'judgments of State tribunals, is defined by the' twenty-fifth section of the Judiciary Act-of 1789.- .It is there provided thátthe' citation- must be signed by the chief justice, or judge,1- dr chancellor of the court rendering or passing the judgment or decree complained of,, or by a j.ustice of the Supreme Court of the United ^States. But the .citation in; the-casé before us, was signed by district judge. This was without authority of law; and'the citation was, therefore, without effect. The case therefore is not properly,in this court;.and thé writ, of error must be

¶6Dismissed:

/74/us/541 · .json · Public domain