Missouri, K. & T. Ry. Co. v. Kidd
Court of Appeals for the Eighth Circuit
_ In Error to the United States Court of Appeals in the Indian Territory. From a judgment by Kidd against the railway company in a trial court tbe latter appealed to the United States Court of Appeals in tbe Indian Territory.
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_ In Error to the United States Court of Appeals in the Indian Territory. From a judgment by Kidd against the railway company in a trial court tbe latter appealed to the United States Court of Appeals in tbe Indian Territory. The record on appeal was filed May 15, 1901.' The rules of that court require the filing of briefs within short periods of time near to the day of submission and provide that in case of default the cause shall he dismissed when it is reached upon the regular call of the docket. On October 1, 1901, counsel stipulated that appellant’s brief should be filed November 3,…
1Opinion of the CourtHook, Circuit Judge
Parties to an action may by stipulation waive. rights that are personal to them, hut they cannot without the consent of the court stipulate for the abrogation of those rules that are formulated for its own benefit and are designed to facilitate the proper discharge of its own duties. When rules of the latter character are disregarded it is discretionary with the court whether it will enforce the prescribed penalty and in the absence of a gross abuse of such discretion an order of the court in the premises will be respected on appeal or writ of error.
The rule of the Court of Appeals in the…
2Cases cited7 opinions
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
- Lehigh Coal & Iron Co. v. ScallenSupreme Court of Minnesota · 1895
- Moulder v. KempffIndiana Supreme Court · 1888
- Manns Bros. Boot & Shoe Co. v. TempletonIndiana Supreme Court · 1896
- Spencer v. McMasterWyoming Supreme Court · 1884
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3Cited by4 opinions
- United Mine Workers of America, Dist. No. 23 v. MorrisCourt of Appeals of Kentucky (pre-1976) · 1957
- United States v. Macy & Co.Court of Customs and Patent Appeals · 1925
- Meyer v. Territory of HawaiiCourt of Appeals for the Ninth Circuit · 1947
- McAleer v. Waddell-O'brien Motor Co.Supreme Court of Oklahoma · 1924