Legal Opinion

The Washington

Court of Appeals for the Second Circuit

Decided December 6, 1926No. 61PublishedCited by 1 opinion

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The statute (Act March 3, 1891, e. 517, § 11. [Comp. St. § 1647]) requires that appeals from the District to this Court shall be taken “within six months after the entry of the * * * decree,” and if this decree was entered on or before November 22, 1924, the appeal is too late.

That it was signed, and intrusted to the clerk to be treated as law and practice required on September 18, 1924, is not doubted, and it is plain that the clerk did not so

treat it. The explanation of his conduct is no excuse. It may be admitted that, under some circumstances, a clerk…

2Cases cited11 opinions

  1. Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
  2. Polleys v. Black River Improvement Co.Supreme Court of the United States · 1885
  3. Rubber Company v. GoodyearSupreme Court of the United States · 1868
  4. In re McCallCourt of Appeals for the Sixth Circuit · 1906
  5. Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.Court of Appeals for the Second Circuit · 1897

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3Cited by1 opinion

  1. The WashingtonCourt of Appeals for the Second Circuit · 1926

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