Lookman v. Lang

Citations

• 132 F. 1

Syllabus

<p>Í. Appeal — Assignment op Errors — Piling before Allowance Indispensable. ■</p> <p>The filing of an assignment of errors before or at the time of the allowance of an appeal is indispensable under the eleventh rule of the Circuit Courts of Appeals (91 Ped. vi, 32 C. C. A. lxxxviii), and the appeal will be dismissed if the assignment is not thus filed.</p> <p>2. Same — Conditional Allowance.</p> <p>An allowance of an appeal on condition that the petitioner give a bond In a fixed amount does not become effective until the bond is given and accepted, and the filing of an assignment of errors before or at the time of the approval of the bond is a filing within the time prescribed by the rule.</p> <p>8. Error and Appeal to Review Same Rulings.</p> <p>The practice of taking an appeal and a writ of error to review the same adjudication is not only permissible, but commendable, in cases in which counsel have just reason to doubt which is the proper proceeding to give jurisdiction to the appellate court.</p> <p>4. Same — Assignment of Errors.</p> <p>Where in proceedings by appeal and by writ of error to review the same rulings the alleged errors are the same in both proceedings, the filing of a single assignment of errors accomplishes the purpose of rule 11, and is sufficient to sustain the proceeding requisite to obtain the review.</p> <p>5. Same — Matter of Right — Taking Requisite Security Allows.</p> <p>An appeal is a matter of right, and it is allowed and the jurisdiction of the case is transferred to the appellate court by the acceptance by the proper court or judge of security upon the appeal within the time fixed by the statute.</p> <p>6. Same — Citation after Time to Appeal has Elapsed.</p> <p>A citation is not jurisdictional. Where an appeal has been allowed by the taking of security within the statutory time, and the transcript of the record has been filed and the case has been docketed at the proper term of the appellate court, the failure to issue a citation w