State National Bank of Denison v. Cardwell
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. Yancey Lewis, Judge. . Action of the State National Bank of Denison against; T. P. Cardwell, et al. Judgment for defendant. Plaintiff,, appeals. Defendant files motion to dismiss. This is a motion to dismiss the appeal taken,by appell-,. ant in this cause.
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Appeal from the United States Court for the Central District. Yancey Lewis, Judge. . Action of the State National Bank of Denison against; T. P. Cardwell, et al. Judgment for defendant. Plaintiff,, appeals. Defendant files motion to dismiss. This is a motion to dismiss the appeal taken,by appell-,. ant in this cause. It appears from the record that on the, 22d day of November, 1895, there was entered a judgment against the appellant, and ip favor of the appellee, ,in the United States Court for the Central district of the Indian Territory, at Atoka. The appellant duly excepted, was given 60…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) This case is on all fours with the case of Turner vs Tapscott, reported in 29 Ark. 318. In that case the appeal was taken in the court below, without supersedeas, on the 27th day of February, 1873, but no transcript was filed in the Supreme Court until one year thereafter, when the appellants applied to and obtained from the clerk of that court another appeal, and thereupon filed the transcript. The court in that case stated that the question presented was as follows: ‘ ‘Has a party who has once taken an appeal, and failed to perfect it by filing the transcript in…
2Cases cited7 opinions
- United States v. CurrySupreme Court of the United States · 1848
- Yeaton and Others v. Lenox and Others.Supreme Court of the United States · 1834
- Castro v. United StatesSupreme Court of the United States · 1866
- Pope ex rel. Reed v. LathamSupreme Court of Arkansas · 1838
- Of the Steamer Virginia v. WestSupreme Court of the United States · 1857
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3Cited by1 opinion
- Swift & Co. v. GuyCourt Of Appeals Of Indian Territory · 1899