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74 U.S. 694

Washington County v. Durant

Supreme Court of the United States

Decided December 1, 1868

Supreme Court of the United States · decided 1868-12

TiiE'record showed that this cause had been brought here from the Circuit Court for Iowa, as on a writ of error,'62/ agreement of parties, and without the issuing pr service of such a writ. Coming before this court on a printed argument for the defendant in error, and the fact above-mentioned being observed by the court, the appeal was dismissed ;

Relies on Austin v. The Aldermen · Washington County v. Durant

Good law ✅— No negative treatment on recordhow we know

Affirmed · 8–0 · Decided 1868-12

How this case has been cited

Cited by 35 later decisions (12 by the Supreme Court) — most recently July 2024 · most notably Broadrick v. Oklahoma (1973), Metromedia, Inc. v. City of San Diego (1981)

3 federal appellate · 1 district · 11 state decisions — followed in 10 states

7018681870188018901900191019201930194019501960197019801990200020102020decided

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 →

¶1Cases cannot be brought within the appellate jurisdiction of this court by agreement of parties, and .without an appeal allowed or writ/ of error served.

¶2TiiE'record showed that this cause had been brought here from the Circuit Court for Iowa, as on a writ of error,'62/ agreement of parties, and without the issuing pr service of such a writ. Coming before this court on a printed argument for the defendant in error, and the fact above-mentioned being observed by the court, the appeal was dismissed ;

¶4the CHIEF JUSTICE

¶5stating it to be the opinion of the court, that an appeal allowed or a writ of error served, was essential to the exercise of its appellate jurisdiction.

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