United States ex rel. Schauffler v. Fidelity & Deposit Co. of Maryland

Second Circuit

United States ex rel. Schauffler v. Fidelity & Deposit Co. of Maryland

147 F. 228, 1906 U.S. App. LEXIS 4233

CourtCourt of Appeals for the Second Circuit

DecidedMay 24, 1906

StatusPublished

Cited by1 cases

This text of 147 F. 228 (United States ex rel. Schauffler v. Fidelity & Deposit Co. of Maryland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States ex rel. Schauffler v. Fidelity & Deposit Co. of Maryland, 147 F. 228, 1906 U.S. App. LEXIS 4233 (2d Cir. 1906).

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Opinion

PER CURIAM.

This is a motion to dismiss the appeal, so called, taken from a judgment for the defendant in an action at law. Instead of obtaining a writ of error, the plaintiff in the suit in the court below served a notice of appeal upon the attorney for the defendant, and the judge of the court below indorsed it “Appeal allowed,” and afterwards signed a citation. This court did not obtain jurisdiction, and the motion is therefore granted. In Stevens v. Clark, 62 Fed. 321, 10 C. C. A. 379, the authorities are collected, and that decision is in all respects in point.

Ordered accordingly.

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PER CURIAM.

This is a motion to dismiss the appeal, so called, taken from a judgment for the defendant in an action at law. Instead of obtaining a writ of error, the plaintiff in the suit in the court below served a notice of appeal upon the attorney for the defendant, and the judge of the court below indorsed it “Appeal allowed,” and afterwards signed a citation. This court did not obtain jurisdiction, and the motion is therefore granted. In Stevens v. Clark, 62 Fed. 321, 10 C. C. A. 379, the authorities are collected, and that decision is in all respects in point.

Ordered accordingly.

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147 F. 228, 1906 U.S. App. LEXIS 4233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-schauffler-v-fidelity-deposit-co-of-maryland-ca2-1906.

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