William J. Powers, Jr. v. Citizens Union National Bank and Trust Company

The factual background of this case is stated in Powers v. Slaton, 314 F.2d 413, C.A. 6th, cert. denied, 375 U.S. 895, 84 S.Ct. 171, 11 L.Ed.2d 124.

Following the judgment of the District Court dismissing Powers’ complaint against the defendant, 221 F.Supp. 617, Powers, a layman and representing himself, filed a Notice of Appeal in the District Court. The Notice of Appeal was not accompanied by the $5.00 filing fee at the time it was delivered to the Clerk of the District Court. When this was called to appellant’s attention he paid the filing fee some nine days later. However, he did not…