Beecher v. Smithson

Ninth Circuit

Beecher v. Smithson

205 F.2d 113, 1953 U.S. App. LEXIS 2560

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 12, 1953

Docket13693_1

StatusPublished

Cited by3 cases

This text of 205 F.2d 113 (Beecher v. Smithson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beecher v. Smithson, 205 F.2d 113, 1953 U.S. App. LEXIS 2560 (9th Cir. 1953).

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Opinion

PER CURIAM.

Appellee Smithson moves to dismiss Beecher’s appeal, notice of which was filed on December 15, 1952, on the grounds (1) that the appeal bond as security for costs on appeal required by Fed.Rules Civ.Proc. rule 73(c), 28 U.S.C.A. has not been filed; (2) although the notice of appeal was filed on December 15, 1952, the designation of the record to be printed was not made or served until April 28, 1953, thus violating Fed.R.Civ.P. rule 75(a); (3) The designation of the record made does not “distinctly and accurately refer to the pages of the original certified record” as required by Rule 19-6 of the Rules of this court, so that the clerk cannot ascertain definitely which portions of the record should be printed and the appellee cannot make a proper counter-designation.

These facts constitute a proper basis for a dismissal of the appeal. Fed.R.Civ.P. rule 73(a).

The appeal is ordered dismissed.

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PER CURIAM.

Appellee Smithson moves to dismiss Beecher’s appeal, notice of which was filed on December 15, 1952, on the grounds (1) that the appeal bond as security for costs on appeal required by Fed.Rules Civ.Proc. rule 73(c), 28 U.S.C.A. has not been filed; (2) although the notice of appeal was filed on December 15, 1952, the designation of the record to be printed was not made or served until April 28, 1953, thus violating Fed.R.Civ.P. rule 75(a); (3) The designation of the record made does not “distinctly and accurately refer to the pages of the original certified record” as required by Rule 19-6 of the Rules of this court, so that the clerk cannot ascertain definitely which portions of the record should be printed and the appellee cannot make a proper counter-designation.

These facts constitute a proper basis for a dismissal of the appeal. Fed.R.Civ.P. rule 73(a).

The appeal is ordered dismissed.

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205 F.2d 113, 1953 U.S. App. LEXIS 2560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beecher-v-smithson-ca9-1953.

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