Dowling v. Buckey

D.C. Circuit

Dowling v. Buckey

26 App. D.C. 266, 1905 U.S. App. LEXIS 5358

CourtCourt of Appeals for the D.C. Circuit

DecidedNovember 24, 1905

DocketNo. 1622

StatusPublished

This text of 26 App. D.C. 266 (Dowling v. Buckey) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dowling v. Buckey, 26 App. D.C. 266, 1905 U.S. App. LEXIS 5358 (D.C. Cir. 1905).

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Opinion

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The áppellee, Thomas W. Buckey, has moved to dismiss this appeal because no citation was issued and served as required by section 5, rule 10, of this court.

It appears that citation was issued in due time after entry of the appeal in the court below, but had been returned unserved because of failure to pay the fee required therefor. If this were all that is shown by the record the appeal would have to be dismissed. Chester v. Morgan, 11 App. D. C. 435, 439.

The appellee, was, however, informed of the prosecution of the appeal by notice given, under the rules, of appellant’s designation of the parts of the record to be included in the transcript. To this designation he expressly consented, and the transcript prepared in accordance therewith was then obtained and filed [268]*268with the clerk of this court. By this action the failure to serve tbe citation was waived, and the motion will, therefore, be denied. Denied.

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Mr. Chief Justice Shepard

delivered the opinion of the Court:

The áppellee, Thomas W. Buckey, has moved to dismiss this appeal because no citation was issued and served as required by section 5, rule 10, of this court.

It appears that citation was issued in due time after entry of the appeal in the court below, but had been returned unserved because of failure to pay the fee required therefor. If this were all that is shown by the record the appeal would have to be dismissed. Chester v. Morgan, 11 App. D. C. 435, 439.

The appellee, was, however, informed of the prosecution of the appeal by notice given, under the rules, of appellant’s designation of the parts of the record to be included in the transcript. To this designation he expressly consented, and the transcript prepared in accordance therewith was then obtained and filed [268]*268with the clerk of this court. By this action the failure to serve tbe citation was waived, and the motion will, therefore, be denied. Denied.

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Bluebook (online)

26 App. D.C. 266, 1905 U.S. App. LEXIS 5358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowling-v-buckey-cadc-1905.