Cincinnati Safe & Lock Co. v. Grand Rapids Safety Deposit Co.

Citations

• 146 U.S. 54
• 13 S. Ct. 13
• 36 L. Ed. 885
• 1892 U.S. LEXIS 2173

Syllabus

<p>The judgment in the court below in this case Was rendered April 25, 1891. On the 19th of June, 1891, an entry was made of record that the court “ allows a writ of error to the Supreme Court of the United States, with stay of execution, upon the filing of a supersedeas bond.” Such bond was filed and approved June 20,-1891'. The jurisdiction of this court in cases dependent upon diverse citizenship was taken away March 3, 1891, except as to pending cases and cases wherein the writ of error or appeal should be sued out or taken before July 1, 1891. In this case the petition for the writ and the assignment of errors were filed in the court below July 3, 1891, and the writ bore test on that day. On motion to dismiss for want of jurisdiction, Held, that the writ was not sued out or taken before July 1, 1891, and that it must be dismissed.</p>