Mays v. Frieberg
Court Of Appeals Of Indian Territory
Appeal from the United States court of appeals for the Southern district. C. B Kilgore, Judge. Action by Frieberg, Klein & Co. against J. A. Mays and wife. Judgment for plaintiffs. Defendants appeal.
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Appeal from the United States court of appeals for the Southern district. C. B Kilgore, Judge. Action by Frieberg, Klein & Co. against J. A. Mays and wife. Judgment for plaintiffs. Defendants appeal. January 8, 1894, the appellees, Frieberg, Klein & Co. (hereinafter1 called “plaintiffs”), filed in the United States court in the Indian Territory, Southern division, at Ardmore, against J. A. Mays and other persons, a complaint or bill of discovery, wherein it is alleged, among other things, that on the 27th day of November, 1892, they recovered a judgment in the United States court at Ardmore,…
1Opinion of the CourtSpringer, C. J.
In this case appellees move the court to dismiss the appeal on the ground that the record *778was not filed in the clerk’s office within 90 days after the appeal was granted, as-required by section 1271 of Mansfield’s digest.' That section is as follows: “It shall be the duty of the appellant to file in the clerk’s office of the supreme court, within 90 days after the appeal or writ of error is granted, an authenticated copy of the record, otherwise his appeal or writ of error shall be dismissed; but the supreme court may for cause shown extend the time for filing such copy. ’ ’ The concluding…
2Cases cited5 opinions
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- Rogers v. RewardTexas Supreme Court · 1880
- Smith v. StevensSupreme Court of the United States · 1870
- City of New Haven v. WhitneySupreme Court of Connecticut · 1870
- Childs v. SmithNew York Supreme Court · 1869
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