James v. Appel
Supreme Court of the United States
APPEAL PROM THE'. SUPREME .COURT OP THE TERRITORY OP ARIZONA., The facts are stated in. the opinion. Paragraph 837, Rev. Stat. Arizona (1887), is directory and not mandatory. Sutherland on Stat. Con. §448; Black on Interp. of Laws, § 126; Endlich on Interp. § 436; 23 Am. & Eng. Ency.
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APPEAL PROM THE'. SUPREME .COURT OP THE TERRITORY OP ARIZONA., The facts are stated in. the opinion. Paragraph 837, Rev. Stat. Arizona (1887), is directory and not mandatory. Sutherland on Stat. Con. §448; Black on Interp. of Laws, § 126; Endlich on Interp. § 436; 23 Am. & Eng. Ency. (1st ed.) 458; Rawson v. Parsons, 6 Michigan, 400; People v. Doe, 1 Michigan, 451; Gomer v. Chaffe, 5 Colorado, 383; § 201 C. C. Colorado, 1877; Aspen County v. Billings, 150 U. S. 31; Broad v. Murray, 44 California, 228, construing § 632, California Code; Pearce v. Stickler, 49 Pac. Rep. 727; 14 Am. & Eng. Ency.…
1Opinion of the CourtJustice Holmes
This is an appeal from a judgment of the Supreme Court of 'the Territory of Arizona dismissing an appeal because taken too late. The appellees recovered a sum from the appellant in the court of first instance, and after judgment was entered the appellant moved for a new trial. The judge who tried the case, being unable to attend,' made an order in chambers continuing the motion to another term. At a later term, after several similar continuances, the inotion was overruled, and the appellant then appealed to the Supreme Court of the Territory. These events took place before the passage of the…
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