Legal Opinion
United States v. F. & M. Schaefer Brewing Co.
Supreme Court of the United States
Decided April 7, 1958No. 79PublishedCited by 206 opinions
1Opinion of the CourtJustice Whittaker
This case presents questions concerning the timeliness of an appeal by the Government from a summary judgment of a District Court to the Court of Appeals in an action for the recovery of money only. The basic question presented is which of two series of judicial and ministerial acts — one on April 14 and the other on May 24, 1955 — constituted the “judgment” and “entry of the judgment.” If it was the former, the appeal was out of time, but if the latter, it was not.
The overt facts are clear and undisputed. Respondent sued the Government for $7,189.57, alleged to have been illegally assessed…
2Cases cited8 opinions
- United States v. HarkSupreme Court of the United States · 1944
- Forstner Chain Corp. v. Marvel Jewelry Mfg. Co.Court of Appeals for the First Circuit · 1949
- Grace M. Matteson, as Surviving of the Last Will and Testament of Edward M. Markham v. United StatesCourt of Appeals for the Second Circuit · 1956
- The F. & M. Schaefer Brewing Co. v. United StatesCourt of Appeals for the Second Circuit · 1956
- United States v. Francis L. Higginson, TrusteesCourt of Appeals for the First Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by206 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- United States v. IndrelunasSupreme Court of the United States · 1973
- Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991
201 more not listed; retrieve them via the Exa API.