Hultberg v. Anderson
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Christian C. Kohlsaat, Judge. Suit in equity by Neis O. Hultherg against Peter IT-. Anderson and others. From a decree for defendant Axel Chytraus, complainant appeals. On motion to dismiss appeal.
1Opinion of the Court
BAKER, Circuit Judge.
Appellee presents his motion that the appeal be dismissed on the ground that this court lacks jurisdiction to entertain it by reason of appellant’s failure to file with the clerk of the trial court an assignment of errors before the appeal was allowed.
Rule 11 of this court (150 Fed. xxvii, 79 C. C. A. xxvii) requires such a filing, and declares that “no writ of error or appeal shall be allowed until such assignment of errors shall have been filed.” When this appeal was allowed in open court at the time the decree was announced, no assignment of errors had been filed. If…
2Cases cited10 opinions
- United States v. GoodrichCourt of Appeals for the Eighth Circuit · 1893
- Frame v. Portland Gold Min. Co.Court of Appeals for the Eighth Circuit · 1901
- P. P. Mast & Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1907
- Mutual Life Ins. Co. of New York v. ConoleyCourt of Appeals for the Fourth Circuit · 1894
- Lockman v. LangCourt of Appeals for the Eighth Circuit · 1903
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3Cited by6 opinions
- Green v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- Robertson v. Morganton Full Fashioned Hosiery Co.Court of Appeals for the Fourth Circuit · 1938
- United States v. DieckmannCourt of Appeals for the Seventh Circuit · 1939
- Willamette & Columbia River Towing Co. v. HutchisonCourt of Appeals for the Ninth Circuit · 1916
- Benjamin v. BuellCourt of Appeals for the Seventh Circuit · 1920
1 more not listed; retrieve them via the Exa API.