Kentucky Coal, Timber, Oil & Land Co. v. Howes

Citations

• 153 F. 163
• 82 C.C.A. 337
• 1907 U.S. App. LEXIS 4394

Syllabus

<p>1. Wbtt of Error — 1Time fob Bringing.</p> <p>While a motion for new trial seasonably filed in an action at law in a Circuit Court prevents the judgment from becoming final until it is disposed of, time given for the allowance of a bill of exceptions has no such effect and cannot enlarge the time within which a writ of error must be brought, which, where the writ is returnable to the Circuit Court of Appeals, is limited to six months from the date of the final judgment.</p> <p>LEd. Note. — For cases in xioint, seo Cent. Dig. vol. 2, Appeal and Error, § 1889-1896.]</p> <p>2. Same — When “Brought.”</p> <p>A writ of error is not “brought” within the meaning of Rev. St. § 1008 [U. S. Comp. St. 1901, p. 715], until the writ is actually filed or lodged with the clerk of the court which rendered the judgment sought to be reviewed.</p> <p>[Ed. Noto. — For cases in point, see Cent. Dig. vol. 2, xtppeal and Error, § 1918.]</p> <p>3. Same — Order Allowing Writ — Condition.</p> <p>x\\n order allowing a writ of error conditioned on the giving of a bond by the plaintiff in error is ineffective until the condition is complied with.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, xippeal and Error, § 1915.]</p> <p>4. Same — Issuance—Duty of Clerk.</p> <p>A writ of error must be served, and such service is made by depositing it with the clerk ol' the court which rendered the judgment. While the clerk of a Circuit Court may issue a writ of error to that court, under the statute, as well as the clerk of the appellate court, upon an order allowing the same, it is not his duty to do so unless requested, but it is the duty of the plaintiff in error to apply for the writ and to deposit it for filing when issued.</p> <p>| Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Axipoal and Error, §§ 2105-2118.]</p>