Southern Pine Lumber Co. v. Ward

Citations

• 208 U.S. 126
• 28 S. Ct. 239
• 52 L. Ed. 420
• 1908 U.S. LEXIS 1428

Syllabus

<p>Although the record was not docketed until more than thirty days after the appeal was allowed, as it was accomplished soon afterwards and meanwhile no motion was made to docket and dismiss under Rule 9, a motion subsequently made was denied.</p> <p>Jurisdiction of this court attaches upon allowance of the appeal and proceedings are to be taken here to bring in the representative of an appellee who dies after the acceptance of service of citation.</p> <p>An appellee, who has not himself appealed, cannot be ' heard in this court to assail the judgment below.</p> <p>Nat. Láve Stock Bank v. First Nat. Bank, 203 U. S. 296, 305, followed, as to when jurisdiction of this court to review judgments of the Supreme Court of the Territory of Oklahoma is by appeal and not by writ of error.</p> <p>Halsell v. Renfrow, 202 U. S. 287, followed, ás to when this- court, in reviewing a judgment of the Supreme Court of the Territory of Oklahoma, is confined to determining whether that court erred in holding that there' was evidence tending to support the findings made by the trial court in a case submitted to it by stipulation, without a jury, and whether ' such findings sustained the judgment. .</p> <p>In this case this court holds that the Supreme. Court of the Territory did not err in finding that there was evidence to support the findings made by the trial court and that those findings sustained the judgment.</p>