Swenk v. Nicholls
Court of Appeals for the D.C. Circuit
Hearing on appeal by defendant from an order of tbe Supreme Court of the District of Columbia overruling his motion: to set aside a judgment affirming a judgment of tbe Municipal' Court, entered in favor of plaintiff.
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Hearing on appeal by defendant from an order of tbe Supreme Court of the District of Columbia overruling his motion: to set aside a judgment affirming a judgment of tbe Municipal' Court, entered in favor of plaintiff. Tbe Court in tbe opinion stated tbe facts as follows: Appeal from an order in tbe supreme court of tbe District,, overruling a motion to set aside the judgment theretofore entered in favor of the plaintiff, John B. Nicholls, appellee here, under sec. 76 of the Code [31 Stat. at L. 1201, chap. 854]. Suit was commenced in the municipal court by the plaintiff' against the…
1Opinion of the CourtJustice Bobb
The appeal should have been taken from the judgment, and not from the refusal of the court to set aside said judgment. Tubman v. Baltimore & O. R. Co. 20 App. D. C. 541; Conboy v. First Nat. Bank, 203 U. S. 141, 145, 51 L. ed. 128, 130, 27 Sup. Ct. Rep. 50. But, aside from this, there is no merit in the appeal. While sec. 31 of the Code [31 Stat. at L. 1194, chap. 854] requires the clerk of the municipal court immediately to file in the office of the clerk of the supreme court the original papers when an appeal undertaking has been approved ' in the municipal court, and to notify the…
2Cases cited1 opinion
- Conboy v. First Nat. Bank of Jersey CitySupreme Court of the United States · 1906
3Cited by6 opinions
- Microwave Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1974
- Ray v. BruceDistrict of Columbia Court of Appeals · 1943
- Gersing v. ChafitzCourt of Appeals for the D.C. Circuit · 1942
- Consolidated Radio Artists, Inc. v. Washington SectionCourt of Appeals for the D.C. Circuit · 1939
- Doing v. District of ColumbiaDistrict of Columbia Court of Appeals · 1949
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