Title: W. A. Field to D. W. Middleton, 19 July 1870
Date: July 19, 1870
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.01421
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMullen, and John Schwaninger
July 19, 1870.
D. W. Middleton, Esq.
Clerk Supreme Court U. S.
I send you a transcript of the record in the Vigil case, to be filed. You will notice that it is a full and complete transcript, and that it appears in it that the appeal was asked for within one year from the rendition of the judgment, and was actually allowed last January, and that the citation cites the defendants in error to appear on the first day of the December Term, 1870. It has, however, the certiorari attached to it.
I think that there can be no doubt that this record is to be docketed as of December Term, 1870, and that, as the language of the statute is that the appeal be asked for within one year from the rendition of judgment, the statute will be interpreted to mean that, if the appeal be asked for, though not granted, within the year, it is sufficient. I therefore expect that this will be held a good appeal to the December Term, 1870; but as a certiorari has issued to bring up the proceedings since the date of the transcript already filed in the clerk's office, this transcript may be put with that—and an application by the Attorney General will probably be made at the November session that the Court may determine whether the case is already in court, as of the December Term 1869, or must be entered at the December Term, 1870.
your obedient serv't,
W. A. Field,
Ass't. Attorney Gen'l.
file transcript of record in Vigil's case.
see pp 353 382 ante