SMALL
v.
NORTHERN PACIFIC RAILROAD COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Small sought to appeal a Circuit Court judgment dismissing his bill against Northern Pacific Railroad Company, but the Supreme Court dismissed the appeal for lack of jurisdiction because Small failed to file the record within the term following the allowance of his appeal, causing the appeal to lapse, and by the time the record was filed nearly two years later, the time to appeal had expired.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Mr. Chief Justice Fullee delivered the opinion of the court.
This appeal must be dismissed for want of jurisdiction. Small filed his bill in the District Court of the Fourth Judicial District, of the State of Minnesota, whence the cause was subsequently removed into the Circuit Court of the United States for the District of Minnesota, and, upon hearing, resulted on the 24th day of June, 1884, in a decree dismissing the complainant’s bill, and rendering judgment in favor of the defendant for its costs to be taxed; On the 25th day of June, 1884, the complainant' prayed an appeal to this court, which was granted. On the 21st day of May, 1886, complainant filed an appeal.bond and a citation was issued, returnable at the October term, 1886, dated April 30, 1886. The record herein was filed October 19, 1886. /The only appeal which from the record before us appears to have been prayed and allowed was that of the 25th day of June, 1881.
But, as we have said many times before,. inasmuch as the record was not filed at the term succeeding the allowance of the appeal, that appeal ceased to have any operation or effect,- and the case stood as if it had never been allowed. There was no allowance of an appeal after that, and when the record was filed on the 19th day of October, 1886, this was not done in pursuance of an appeal still in force,- nor could an appeal hen have -been allowed, as two years had expired from the ate of the. final decree.'' This appeal was • not “ taken ” as -ovided, and wé are, therefore, compelled to dismiss it. Credit Company v. Arkansas Central Railway, 128 U. S. 258; Richardson v. Green, 130 U. S. 104; Evans v. State National Bank, ante, 330.
Appeal dismissed for want of jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Credit Co. Ltd. v. Ark. Cent. Ry. Co., 128 U.S. 258 (U.S. 1888)
- Richardson v. Green, 130 U.S. 104 (U.S. 1889)