Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.

Second Circuit

Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.

84 F. 213, 28 C.C.A. 481, 1897 U.S. App. LEXIS 2185

Court of Appeals for the Second Circuit·Decided November 8, 1897·No. No. 7·Published·Cited by 9 cases

Opinion

PEE CUEIAM.

The decision of the circuit court entered January 6, 1896, ordered the dismissal of the complaint, with costs to be taxed, and that judgment be entered accordingly. 73 Fed. 438. It was signed by the judge who heard the cause, and entered by the clerk on that date. Nothing further was necessary to a final and complete disposition of the action. The circumstance that the costs were not taxed and the amount inserted in the judgment is not material. It was essentially a final judgment (Fowler v. Hamill, 139 U. S. 549, 11 Sup. Ct. 663; Tuttle v. Claflin, 13 C. C. A. 281, 66 Fed. 7; Snell v. Dwight, 121 Mass. 349), and must be treated as such, within the meaning of section 11 of the act regulating the jurisdiction of this court, notwithstanding a further and more formal judgment was entered subsequently. As the writ of error was not sued out within six months after the entry of the original judgment, the motion to dismiss the appeal must be granted.

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PEE CUEIAM.

The decision of the circuit court entered January 6, 1896, ordered the dismissal of the complaint, with costs to be taxed, and that judgment be entered accordingly. 73 Fed. 438. It was signed by the judge who heard the cause, and entered by the clerk on that date. Nothing further was necessary to a final and complete disposition of the action. The circumstance that the costs were not taxed and the amount inserted in the judgment is not material. It was essentially a final judgment (Fowler v. Hamill, 139 U. S. 549, 11 Sup. Ct. 663; Tuttle v. Claflin, 13 C. C. A. 281, 66 Fed. 7; Snell v. Dwight, 121 Mass. 349), and must be treated as such, within the meaning of section 11 of the act regulating the jurisdiction of this court, notwithstanding a further and more formal judgment was entered subsequently. As the writ of error was not sued out within six months after the entry of the original judgment, the motion to dismiss the appeal must be granted.

Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R., 84 F. 213, 28 C.C.A. 481, 1897 U.S. App. LEXIS 2185 (2d Cir. 1897).

Pincite

84 F. 213 (Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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