Legal Opinion
Mosier v. Federal Reserve Bank of New York
Court of Appeals for the Second Circuit
Decided November 9, 1942No. 29, 30PublishedCited by 35 opinions
1Opinion of the Court
SWAN, Circuit Judge.
It is axiomatic that this court must examine its own jurisdiction even though the parties have not questioned it. Collins v. Miller, 252 U.S. 364, 366, 40 S.Ct. 347, 64 L.Ed. 616; United States v. King & Howe, Inc., 2 Cir., 78 F.2d 693, 695. In action No. 1 the decree of dismissal was entered on February 8, 1939, and no notice of appeal therefrom was filed until June 15, 1939. The time for taking an appeal in such a case is limited to three months by statute, 28 U.S.C.A. § 230. It is mandatory and jurisdictional. Alaska Packers Ass’n v. Pillsbury, 301 U.S. 174, 177, 57…
2Cases cited17 opinions
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Collins v. MillerSupreme Court of the United States · 1920
- Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- William H. Addington v. Farmer's Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1981
- Virtle Wimberly v. Clark Controller Company, and A. O. Smith CorporationCourt of Appeals for the Sixth Circuit · 1966
- Director of Revenue, State of Colorado v. United StatesCourt of Appeals for the Tenth Circuit · 1968
- L. Gilbert Cohen v. Curtis Publishing Company, Curtis Circulation Company, Cowles Magazines, Inc., and the Hearst CorporationCourt of Appeals for the Eighth Circuit · 1964
- Glenn v. American Surety Co.Court of Appeals for the Sixth Circuit · 1947
30 more not listed; retrieve them via the Exa API.