Mesa vs. The United States

Mesa vs. The United States. 1. An appeal must be prosecuted by filing the record within the term next after the appeal is taken. 2. If it be brought up and filed after the first term has gone by, the appeal will be dismissed. This was a California land case, in which an appeal had been taken by the claimant and one Clark, an intervenor. The appellants suffered a term to pass without filing a copy of the record in this Court, but at the second term brought up the transcript and had it docketed. Mr. Q-illet, of Washington City moved that the appeal, be dismissed. Mr. Magraw, of Pennsylvania', and Mr. McDougall of California, opposed the motion. [MAJORITY — PER CURIAM.] PER CURIAM. Let this appeal be dismissed. It has not been prosecuted in tbe manner directed nor within the time limited by the Act of Congress, which requires that the transcript shall be filed at the next succeeding term after the appeal is taken