Lewis v. Sittel

Citations

• 165 F. 157
• 91 C.C.A. 191
• 1908 U.S. App. LEXIS 4733

Syllabus

<p>1. Appeal and Error (§ 338*) —Time for in Court of Appeals of Indian Territory.</p> <p>Six months was the time within which a writ of error or an appeal could bo taken subsequent to March 3, 1905, to review a judgment of the United States Court in the Court of Appeals of the Indian Territory.</p> <p>[Ed. Note. — JTor other cases, see Appeal and Error, Dec. Dig. § 338.*]</p> <p>2. Appeal and Error (§ 322*) — Indispensable Parties to, Must be Joined.</p> <p>All the parties to a suit or proceeding who appear from the record to have an interest in the order, judgment, or decree challenged must be made parties thereto or given notice equivalent to summons and severance before a national appellate court will proceed to a decision of the case upon the merits. A joint judgment debtor is such a party, and the writ will be dismissed in his absence.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1795-1797; Dec. Dig. § 322.*]</p> <p>3. Appeal and Error (§§ 329, 338*) — Refusal to Join Omitted Party Three</p> <p>Months After Expiration of Time to Sue Out Writ Sustained in Absence of Due Diligence.</p> <p>In the absence of proof of reasonable diligence to obtain the consent of a joint judgment debtor to a writ of error until more than three months after the expiration of the time to sue out the writ, held'.</p> <p>(a) The prosecution and amendment of a writ of error from the Court •of Appeals of the Indian Territory to the United States court was governed by the rules and practice of the Circuit Court of Appeals of the Eighth Circuit, under Act March 3, 1895, c. 1479, § ]2, 33 Stat. 1081 (U. S. Comp. St. Supp. 1907, p. 208), subsequent to March 3, 1895, and not by chapter 40, Mansf. Dig. Ark. (chapter 17, Ind. T. Ann. St. 1899).</p> <p>(b) That court was not guilty of any abuse of discretion or of committing any error of law under either the practice prescribed by the Arkansas siatutes or under the rules and practice of the United States Circuit Court