A Treatise on Federal Practice in Civil Causes; With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages Volume 2

A Treatise on Federal Practice in Civil Causes; With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...Harrison, 98 U. S. 283; 1'olle_vs t-. Black River-Imp. Co., 113 U. S. 81; Rmlfiird v. Folsom, 123 U. S. 725. 9 Rubber Co. 1: . Goodyear, 6 Wall. 153. 1 Texas & Pae. Ry. Co. v. Murphy,1ll U. S. 488; Brockett v. Brockett, 2 How. 238; Memphis 1: . Brown, 94 U. S. 715. 11 Texas 8: Pac. Ry. Co. v. Murphy, 111 U. S. 488. 12 Smith v. Gale, 137 U. S. 577. 1' U. S. v. Gomez, 1 Wall. 690. But see U. S. v. Grant, 110 U. S. 225. The writ of error is not brought till it is filed in the court to which it is addressed." So, when it is tested and issued within the two years, but not filed till afterwards, it is brought too late." An appeal is taken when it is allowed, and its allowance is brought to the attention of the court below either by filing in the clerk's oflice the petition and the allowance of the appeal, or the appeal bond with its approval, with or without the citation." The fact that the bond is not filed 23 or the citation not issued till after the statutory time, does not cut off the right to appeal if the petition and its allowance were duly filed." The fact that no petition or allowance of an appeal was filed does not bar or cut ofi' the right to appeal, if a bond duly approved was filed in t-ime.7'3 An order cannot be granted permitting an allowance of an appeal made, but not filed within the time to be filed in the clerk's ofiice of the court where the decree was entered nunc pro tune as of the date of its allowance?" The limitation of two years applies to writs of error to, and appeals from, the Supreme Court of the 'District of Columbia," and at least before the Act of March 3, 1891, the Supreme Courts of the Territories." 1' U. S. v. Gomez, 1 Vall. 690....show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123691533X
  • 9781236915337