Legal Opinion
Liberty Oil Co. v. Condon Nat. Bank
Court of Appeals for the Eighth Circuit
Decided March 9, 1921No. 5642PublishedCited by 5 opinions
Appeal from the District Court of the United States for the District 'of Kansas; John C. Pollock, Judge. Action at law by the Liberty Oil Company against the Condon National Bank and others. Judgment for defendants, and plaintiff appeals.
1Opinion of the Court
CARLAND, Circuit Judge.
Appellant commenced this action as an action at law against the Condon National Bank to recover the sum of $100,000, which the bank held on deposit to be paid to either appellant or appellees as the terms of a contract between them should be or not be performed. The case, although an action at law, has been brought here hy appeal, instead of by writ of error. Section 1649a, U. S. Comp. Stat. (39 Stat. 727), reads as follows:
*929“No court having power to review a judgment or decree rendered or passed by another shall dismiss a writ of error solely because an appeal should…
2Cases cited5 opinions
- United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Board of Education v. ScovilleSupreme Court of Kansas · 1874
- Mason v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- Hechmer v. GilliganWest Virginia Supreme Court · 1886
- Feldman v. Grand Lodge A. O. U. W.New York Supreme Court · 1892
3Cited by5 opinions
- Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
- Lahman v. Burnes Nat. BankCourt of Appeals for the Eighth Circuit · 1927
- Kneberg v. H. L. Green Co.Court of Appeals for the Seventh Circuit · 1937
- Granite Falls Bank v. KeyesCourt of Appeals for the Eighth Circuit · 1921
- Smith Engineering Co. v. PrayCourt of Appeals for the Ninth Circuit · 1932