U.S. Supreme Court
Radford v. Folsom, 123 U.S. 725 (1887)
Radford v. Folsom
Submitted December 8, 1887
Decided December 19, 1887
123 U.S. 725
An appeal allowed in open court is of the date of its allowance, and, to be kept in force, should reach this Court before the end of the term to which it is made returnable.
An appeal being allowed in open court, leaving the amount of the appeal bond to be settled afterwards, the acceptance of a bond by the district judge after the expiration of the term at which the decree was rendered, and without issue and service of citation, does not operate as a new appeal as of the date of the acceptance of the bond.
The appearance of an appellee by counsel, without citation at a term after the term at which the appeal is returnable, and a motion to dismiss the appeal for want of filing the transcript of the record during the return term, do not waive the citation.
Bill in equity to foreclose a mortgage. A motion on behalf of the appellee was made to dismiss the appeal for reasons stated in the opinion of the Court.