O'Connor v. Beck

Citations

• 5 Alaska 690

Syllabus

<p>1. Justices op the Peace <&wkey; 168(1, 2)—Dismissal op Appeal prom.</p> <p>O’Connor recovered a Judgment against Beck before a justice of tbe peace on December 28, 1916. On January 23, 1917, Beck served and filed notice of appeal, and gave tbe undertaking for costs, and on January 27tb, delivered tbe transcript on appeal to tbe clerk of tbe district court, but refused to pay tbe filing fees. Tbe transcript remained in tbe custody of tbe clerk, unfiled, until June 1, 1917, at wbicb time O’Connor’s attorney paid tbe filing fees, caused tbe transcript to be filed, and moved to bave tbe appeal dismissed and for judgment on tbe undertaking. • Motion denied.</p> <p>2. Justices op the Peace &wkey;>164(3)—Appeal—Piling Transcript.</p> <p>Defendant against whom judgment was bad before a justice of tbe peace took an appeal to tbe district court, gave tbe notice and bond, and secured tbe proper transcript to be prepared and delivered to tbe clerk of tbe appellate court; but bis attorney neglected to pay tbe filing fees within tbe time fixed by law. After tbe time bad expired tbe appellant tendered tbe necessary fees and an affidavit of merits, and moved to require tbe clerk to file the transcript as of tbe date it was actually delivered to him. Held, tbe time for filing tbe transcript of tbe cause is jurisdictiondl and mandatory, it is statutory, and no exceptions are provided for, nor is tbe court given any power to accept any excuse. Motion denied.</p> <p><g^=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>