Kentucky Coal, Timber, Oil & Land Co. v. Howes
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. On motion to dismiss writ of error.
1Opinion of the Court
LURTON, Circuit Judge.
This cause is now heard upon a motion to dismiss this writ of error, because not “brought” within the limitation of six months, prescribed by section 11 of the Court of Appeals act (Act March 3, 1891, c. 517, 26 Stat. 829 [U. S. Comp. St. 1901, p. 553]), after the date of the final judgment.
The judgment sought to be reviewed was rendered May 27, 1905. A motion for a new trial was not denied until September o, 1905. This motion, having been seasonably entered, prevented the judgment from becoming final until disposed of. In re McCall, 145 Fed. 898, 76 C. C. A. 430; Aspen…
2Cases cited10 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
- Mussina v. CavazosSupreme Court of the United States · 1867
- Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
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3Cited by12 opinions
- Greyerbiehl v. Hughes Electric Co.Court of Appeals for the Eighth Circuit · 1923
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- J. D. Randall Co. v. Foglesong Mach. Co.Court of Appeals for the Sixth Circuit · 1912
- Ross v. WhiteCourt of Appeals for the Sixth Circuit · 1929
- Camden Iron Works Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1917
7 more not listed; retrieve them via the Exa API.