Simpson v. First Nat. Bank

Citations

• 129 F. 257
• 63 C.C.A. 371
• 1904 U.S. App. LEXIS 4041

Syllabus

<p>1. Appeal — Assignment of Errors — Filing Before Allowance of Appeal 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 tule of the Circuit Courts of Appeals (91 Fed. vi, 82 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 an allowance of the appeal until the bond is given and accepted, and the filing of an assignment of errors before or at the time of the giving and acceptance of the bond is a filing within the time prescribed by the rule.</p> <p>S. Appeal Matter of Right — Allowance of Writ of Error Matter for Judicial Determination. ,</p> <p>An appeal is a matter of right, secured by act of Congress upon compliance with the statutes relative to security and with the rules of the courts.</p> <p>The allowance of a writ of error is a matter for judicial determination upon a consideration of the sufficiency of the grounds for the writ stated in the petition and assignment of errors.</p> <p>The reason for the rule requiring the filing of an assignment of errors before the allowance of an appeal is to give notice to opposing counsel and the appellate court of the questions of law to be discussed. In an action at law there is the additional reason that the presentation of an assignment of errors to the judge who allows or issues a writ of error is essential to his decision of the question whether or not it should be issued.</p> <p>4. Evidence — Account—Each Side Prima Facie Evidence of its Contents.</p> <p>The introduction in evidence without qualification of an account containing debit and credit items makes each side evidence of its contents.</p> <p>In the absence of all other evidence, the debits and credits of such an account offset each other, and the account proves its balanc