Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Young

Court Of Appeals Of Indian Territory

Decided October 26, 1899PublishedCited by 1 opinion

Appeal from the United States court for the Southern District, C. B. Kilgore, Judge. Action by D. A. Young against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff. Defendant appeals.

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Appeal from the United States court for the Southern District, C. B. Kilgore, Judge. Action by D. A. Young against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff. Defendant appeals. This suit was commenced on the 81st day of July, 1896, bj the appellee, to recover damages from the appellant railway company alleged to have been sustained by him to a certain shipment of live stock, being 27 head of beef steers, shipped by defendant from Purcell, in the Indian Territory, to Kansas City stock yards, in the state of Kansas. At the time of the alleged shipment of the cattle…

1Opinion of the CourtClayton, J.

Bill of exceptions. Time of filing. It is contended by appellee that the biil of exceptions in this case is not properly before us, for the reason that the file mark of the clerk as endorsed upon it shows that it was filed by him on the 24th day of February, 1897, whereas the clerk’s certificate is dated February 23, 1897, one day before its filing, as shown by the file mark. Both of these days are within the time allowed by the order of the court in which the bill of exceptions could have been filed. The ' certificate of the clerk is as follows: “I, Jos. W. Phillips, clerk of the United…

2Cases cited10 opinions

  1. Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
  2. Ryan v. HaysTexas Supreme Court · 1884
  3. Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
  4. Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
  5. Cooper v. CorbinIllinois Supreme Court · 1882

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3Cited by1 opinion

  1. McDonald v. MulkeyWyoming Supreme Court · 1922

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