In re Barstow
Supreme Court of Arkansas
MOTION to extend the time for filing a copy of the record. Barstow prayed an appeal in the circuit court of Jefferson county from a judgment of $30,000 rendered against him in favor of the Pine Bluff, Monroe and New Orleans Railroad Company and others, and, not having perfected it by filing a copy of the record in this court within ninety days thereafter, made application for an extension of time.
Read the full summary
MOTION to extend the time for filing a copy of the record. Barstow prayed an appeal in the circuit court of Jefferson county from a judgment of $30,000 rendered against him in favor of the Pine Bluff, Monroe and New Orleans Railroad Company and others, and, not having perfected it by filing a copy of the record in this court within ninety days thereafter, made application for an extension of time. Section 1271 of Mansfield’s Digest authorizes the court to grant an extension of time for filing a copy of the record “ for ■cause shown.” The only excuse shown for the default is a certificate of…
1Opinion of the CourtCockrill, C. J.
íoi' fi'Tng'^ríTextended!not^e The right of a litigant to perfect his appeal and have his cause finally determined in this court cannot be made to depend upon the caprice or convenience of a circuit clerk; nor can we permit the jurisdiction of this court to be defeated or the dispatch of business to be retarded by his failure to provide a sufficient clerical force to perform the duties of his office. A press of business in his office is therefore no excuse for a failure to furnish a litigant a transcript for an appeal within a reasonable time after demand. Sturgess v. Harrold, 18 How., U. S.,…
2Cases cited2 opinions
- Edmonson v. BloomshireSupreme Court of the United States · 1869
- United States v. GomezSupreme Court of the United States · 1866
3Cited by7 opinions
- Ex parte PhillipsSupreme Court of Arkansas · 1906
- Bell v. RiceSupreme Court of Arkansas · 1931
- Ex parte WhitleySupreme Court of Arkansas · 1914
- Ex parte DukesSupreme Court of Arkansas · 1922
- Graham v. Drainage District No. 11Supreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.