citation
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 54 U.S. 150 - Buckingham v. McLean · 1851Most cited · 24 citing opinions
waiver of
The object of a citation on a writ of error or an appeal is to give notice of the removal of the cause, and such notice may be waived by entering a general appearance by counsel. Where an appearance is entered, the objection that notice has not been given is a mere technicality, and the party availing himself of it, should, at the first term he appears, give notice of the motion to dismiss, and that his appearance is entered for that purpose.
How the Supreme Court has restated “citation”
Each Supreme Court definition of “citation,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “citation”
Court decisions citing the 4 opinions that defined “citation” — 77 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1848–1863
- ORIGINAL
The citation is merely notice to the party and his appearance in person or by attorney is an admission of notice on the record, and he cannot afterwards withdraw it. But the appearance does not preclude the party from moving to dismiss for the want of jurisdiction, or any other sufficient ground.
notice
The citation is nothing more than notice to the party to appear at the time specified for the return of the writ of error. And if he appears, it shows that he had notice; and if he makes no objection during the first term to the want of notice, or to any defect in the citation, he must be regarded as having waived it.
Object of the citation is notice