Frizzell v. Ryan

JENNINGS, District Judge.

The above-named appellee has made a special appearance, and moved that the court dismiss the appeal and affirm the judgment, with costs, “upon the /ground that the notice of appeal fails to identify and specify with sufficient certainty the judgment appealed from.”

The notice of appeal in this case is directed, “To John T. Reed, United States Commissioner and Ex Officio Justice of the Peace, Hyder Precinct, and C. H. Sundmacher, Attorney for Plaintiff,” and is as follows, to wit:

“You will please take notice that the defendant in the above-entitled action hereby appeals…