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U.S. Supreme Court

Rhodes v. The Steamship Galveston, 51 U.S. 10 How. 144 144 (1850)

Rhodes v. The Steamship Galveston

51 U.S. (10 How.) 144


In order to sustain a motion to docket and dismiss a case under the forty-third rule of this Court, it is necessary to show, by the certificate of the clerk of the court below, that the judgment or decree of that court was rendered thirty days before the commencement of the term of this Court.

Hence, where the certificate of the clerk stated that a final judgment was pronounced at April term, 1850, it was not sufficient, because non constat that the April term might not have been prolonged until December, 1850.

Mr. Cox filed the following motion and certificate.

"A certificate being produced from the District Court of Texas, by which it appears that at the April term, 1850, of said court a final decree was rendered by said court in favor of the defendants and respondents, and that an appeal from said decree was prayed and obtained by the libellants to the Supreme Court of the United States -- and it appearing that the record in said case has not been filed -- Mr. Coxe for said respondents and defendants moves the court that the said cause be docketed and dismissed with costs."

"COXE, for Defendants and Respondents"

"United States District Court -- District of Texas"

"Henry W. Rhodes, Libellant v. Steamship Galveston, her Tackle, Apparel, and Furniture, John R. Crane, master. Charles Morgan, Israel C. Harris and Henry R. Morgan, Claimants and Respondents. -- In Admiralty."

"I, James Love, Clerk of the United States District Court for the District of Texas, do hereby certify that at the April term, 1850, of said court, a final judgment or decree was rendered by the Court here in the above-entitled cause, in favor of the defendants and respondents, and that the libellant prayed and obtained an appeal from the said final decree of the said district court to the Supreme Court of the United States."


"In testimony whereof, I have hereunto set my hand and affixed the seal of said court this 27 December, A.D. 1850."



Page 51 U. S. 145

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