Chamberlain Transportation Co. v. South Pier Coal Co.

Citations

• 126 F. 165
• 61 C.C.A. 109
• 1903 U.S. App. LEXIS 4301

Syllabus

<p>1. Appeal — Allowance—Informality of Order.</p> <p>A formal order allowing an appeal is not essential, but it is sufficient if the record shows that an appeal was prayed, and was in fact allowed. An order granting leave to file a petition for appeal, and an assignment of errors, and a subsequent approval of the appeal bond, reciting the allowance of an appeal, is sufficient to show that the appeal was allowed when the petition therefor was filed.</p> <p>2. Same — Title for Perfecting — Extension.</p> <p>Rule 14, subd. 5 (90 Eed. clviii, 31 C. 0. A. clviii), of the rules of the Circuit Court of Appeals, providing that all appeals are returnable not exceeding 30 days from the date on which the appeal was allowed, and rule 16, subd. 1 (90 Eed. clix, 31 C. C. A. clix), making it the duty of the appellant to cause the record to be filed on or before the return day, must be observed; otherwise the appeal will be dismissed unless the time is enlarged before its expiration. An order enlarging the time for perfecting the appeal, made after such time has expired, is ineffectual.</p>