Legal Opinion

Silverton v. Valley Transit Cement Co.

Court of Appeals for the Ninth Circuit

Decided September 17, 1956No. 15055PublishedCited by 9 opinions

1Opinion of the Court

DENMAN, Chief Judge.

This is a motion by appellee to dismiss an appeal from a judgment of the United States District Court for the Southern District of California, Southern Division, for failure to file notice of appeal within thirty days following the entry of the judgment on December 19} 1955. The motion was submitted on the transcript of the record and the affidavits filed on behalf of each party.

The question is whether any of the clerks in the office of the clerk of the court below acquired custody on or before January 18, 1956 of a notice of appeal from Silverton, such receipt by the…

2Cases cited5 opinions

  1. New York Life Insurance v. GamerSupreme Court of the United States · 1938
  2. Casalduc v. DiazCourt of Appeals for the First Circuit · 1941
  3. Kahler-Ellis Company, Etc. v. The Ohio Turnpike Commission and the Ohio National BankCourt of Appeals for the Sixth Circuit · 1955
  4. Silverton v. Valley Transit Cement Co.District Court, S.D. California · 1955
  5. Brady v. J. B. McCrary Co.District Court, S.D. Florida · 1917

3Cited by9 opinions

  1. In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
  2. Raymond P. Ward v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
  3. Michael Montez Porchia v. Larry Norris, Director, Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 2001
  4. Boston Old Colony Insurance v. International Rectifier Corp.Wisconsin Supreme Court · 1979
  5. Svob v. Bryan (In Re Bryan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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