Daly v. Brady

75 F. 1022, 20 C.C.A. 680, 1896 U.S. App. LEXIS 2089
Court of Appeals for the Second Circuit·Decided May 27, 1896·Published·Cited by 2 cases

Opinion

PER CURIAM.

The supreme court had decided in this case that no appeal was ever taken from the judgment of this court. 16 -Sup. Ct. 961. The time has now passed within which an appeal can be taken. The judgment was duly entered in this court. To vacate it and direct the entry of a new judgment for the purpose of permitting an appeal would be merely an evasion of the statute which requires appeals 'to be brought within a prescribed time. We are satisfied that we are without power to grant any relief.

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Daly v. Brady, 75 F. 1022, 20 C.C.A. 680, 1896 U.S. App. LEXIS 2089 (2d Cir. 1896).

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