Southern Building & Loan Ass'n v. Carey

Citations

• 117 F. 325
• 1902 U.S. App. LEXIS 5102

Syllabus

<p>1. Appeal—Right—Decree Entered on Mandate.</p> <p>A circuit court has no power to refuse to allow an appeal on the ground that the decree sought to be appealed from was entered on a mandate from the circuit court of appeals.</p> <p>2. Same—Grounds for Denial.</p> <p>A circuit court cannot deny an appeal from its decree on the ground that it is frivolous and sought for delay only; that being a matter which can only be considered by the appellate court.</p> <p>8. Same—Effect—Appeal from Decree Entered on Mandate.</p> <p>The power of a circuit court to enforce a decree entered by it on a mandate of an appellate court, notwithstanding an appeal therefrom and the tender of a proper supersedeas bond, is doubtful, and, if it exists, should be rarely exercised.</p> <p>4. Bill of Exceptions on Appeal—Bringing Rejected Documents into Record—Federal Practice in Equity Cases.</p> <p>The practice of bringing into the record, by bill of exceptions, pleadings or papers which the court has refused to allow a party to file, Is not known to the federal courts in equity cases; but, inasmuch as a consideration of such documents may be necessary to enable the appellate court to determine whether or not they were properly rejected, it would seem that, in the absence of any statute or rule regulating the practice in that regard, the trial court may properly, by an order, direct the clerk to certify the pleading or other document rejected to the appellate court for that purpose.</p>