Melville Fuller

“ It is well settled that if a motion or petition for rehearing is made or presented in season, and entertained by the court, the time limited for a writ of error or appeal does not begin to run until the motion or petition is disposed of. ”

“ Moreover, the judgment of the supreme court of the territory was rendered February 2, 1888, and the writ of error was not brought until more than two years thereafter, and therefore too late, unless the time of the pendency of the petition in that court were deducted, which is quite inadmissible, in view of the fact that the petition remained pending notwithstanding the admission of the state had terminated the existence of the court in which it was originally filed. The result is that the writ of error must be dismissed. ”

“ That all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States upon any record from the supreme court of either of the territories mentioned in this act, or that may hereafter lawfully be prosecuted upon any record from either of said courts, may be heard and determined by said supreme court of the United States. ”