Credit Co. v. Arkansas Central Railway Co.
Citations
- 128 U.S. 258
- 9 S. Ct. 107
- 32 L. Ed. 448
- 1888 U.S. LEXIS 2218
Syllabus
<p>An appeal from a decree of a Circuit C.ourt is not ‘1 taken ” until it is in some way presented to the court' which made the decree appealed from, so as to put an end to its jurisdiction over the cause.</p> <p>An appeal taken in open court will not avail unless the appeal is duly prosecuted.’</p> <p>When the time for taking an appeal has expired, it cannot be arrested or called back by a simple order of court, such as entering an order mine pro tunc.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- when 10 papers necessary to prosecute appeal were filed 5 days late, nunc pro tunc order deeming them 11 timely filed was ineffective
- trial court cannot extend appeal time by entering nunc pro tunc order
- trial court cannot extend appeal time by entering nunc pro tunc order
Source: CourtListener parenthetical corpus (CC0).
Judges: Bradley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.