Legal Opinion

Siegelschiffer v. Penn Mut. Life Ins.

Court of Appeals for the Second Circuit

Decided December 19, 1917PublishedCited by 28 opinions

In Error to ilie District Court of the United Slates for the Southern District of New York. Action between Hyman I,. Siegelschiffer and the Penn Mutual Rife Insurance Company and another. There was a judgment for the latter, and the former brings error. On motion for dismissal. A motion was made to dismiss the writ of error on the ground, among others, that it was not taken within six months after the entry of the judgments sought to be reviewed.

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In Error to ilie District Court of the United Slates for the Southern District of New York. Action between Hyman I,. Siegelschiffer and the Penn Mutual Rife Insurance Company and another. There was a judgment for the latter, and the former brings error. On motion for dismissal. A motion was made to dismiss the writ of error on the ground, among others, that it was not taken within six months after the entry of the judgments sought to be reviewed. The judgments in the court below were entered on January 8, 1917. The writ of error was taken out on July 9, 1917. The six-months period expired on…

1Opinion of the Court

ROGERS, Circuit Judge.

The question presented involves the construction to be placed upon that part of Act Cong. March 3, 1891, c. 517, § 11, which fixes the time within which appeals and writs of error may he taken or sued out, and which reads as follows:

“No appeal or writ of error by which any order, judgment, or decree may bo reviewed In the Circuit Court or Appeals under the provisions of this act shall be taken or sued out except within six months after the .entry of the *228order, judgment, or decree sought to be reviewed.” U. S. Compiled Statutes Ann. 1916, vol. 8, p. 3266, § 1647.

[1] The…

2Cases cited13 opinions

  1. Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
  2. Sheets v. Selden's LesseeSupreme Court of the United States · 1865
  3. Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
  4. Mussina v. CavazosSupreme Court of the United States · 1867
  5. Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893

8 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Union National Bank v. LambSupreme Court of the United States · 1949
  2. Maresca v. United StatesCourt of Appeals for the Second Circuit · 1921
  3. Southern California Loan Asso. v. CommissionerUnited States Board of Tax Appeals · 1926
  4. Wilson v. Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1945
  5. State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927

23 more not listed; retrieve them via the Exa API.

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