Beckwith v. Forest
Supreme Court of Oklahoma
Error from the United, States Court for the Western District of the Indian Territory at Mushogee; W. B. Lawrence, Judge. Action between Aurilla Beckwith and others and Fred Forest, trading as East Side' Hardware Company. From the judgment, Aurilla Beckwith and such others appeal, and appellee moves to dismiss the appeal.
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Error from the United, States Court for the Western District of the Indian Territory at Mushogee; W. B. Lawrence, Judge. Action between Aurilla Beckwith and others and Fred Forest, trading as East Side' Hardware Company. From the judgment, Aurilla Beckwith and such others appeal, and appellee moves to dismiss the appeal. On the 10th day of April, 1908, the appellee, through his attorney, S. E. Gidney, appeared specially and moved this court to dismiss the appeal or affirm the judgment for the reason, (1) that the appeal in said cause has been taken for more than ninety days and a supersedeas…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). Rule 19 of the United States Court of Appeals of the Indian Territory, in force at the time of the admission of the state into the Union, provides:
“In all civil cases when the appeal has been taken more than ninety days and a supersedeas bond filed, and the appellant has not filed in the office of the clerk an authenticated copy of the record, the appellee may at any time file in this court a certified transcript of the judgment, order or decree appealed from, the order granting the appeal and the supersedeas bond, with his motion to dismiss the appeal or…
2Cases cited4 opinions
- Moberly v. RothSupreme Court of Oklahoma · 1909
- Parks v. City of AdaSupreme Court of Oklahoma · 1909
- Kelley v. McCombsSupreme Court of Oklahoma · 1909
- Chamberlain Transportation Co. v. South Pier Coal Co.Court of Appeals for the Seventh Circuit · 1903
3Cited by2 opinions
- Reynolds v. PhippsSupreme Court of Oklahoma · 1912
- Flathers v. FlathersSupreme Court of Oklahoma · 1913