Legal Opinion

Swift & Co. v. Guy

Court Of Appeals Of Indian Territory

Decided January 12, 1899PublishedCited by 1 opinion

Appeal from the United States Court for the Central District. Yancey Lewis, Judge. Action by' Swift & Co. against N. B. Guy. G. S. Russell intervener. Judgment for intervener. Plaintiff appeals. The appeal in this case is taken by Swift & Co. (plaintiff below, a corporation created under the laws of the state ■of Missouri) from the judgment in favor of appellee.

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Appeal from the United States Court for the Central District. Yancey Lewis, Judge. Action by' Swift & Co. against N. B. Guy. G. S. Russell intervener. Judgment for intervener. Plaintiff appeals. The appeal in this case is taken by Swift & Co. (plaintiff below, a corporation created under the laws of the state ■of Missouri) from the judgment in favor of appellee. Russell, rendered September 22, 1897. On December IS, 1895, appellant sued N. B. Guy upon an account for goods, wares, and merchandise, and caused a writ of attachment to be issued and levied upon certain personal property as the…

1Opinion of the Court

Springer, G. J.

Appellee has filed a motion to dismiss this appeal on the ground that an appeal in the same case, of date of June 9, 1897, has been adjudicated, upon motion by appellee to dismiss the appeal, which motion was susGained; wherefore appellee insists that this court is now without jurisdiction to try the case on appeal. This case was tried by á jury on July 2, 1896; motion was filed for a new trial the next day, and overruled September 7th thereafter; and 90 days’ time was asked and granted in which to file a bill of exceptions, which was done November 6th. At the June term of this…

2Cases cited2 opinions

  1. Turner v. TapscottSupreme Court of Arkansas · 1874
  2. State National Bank of Denison v. CardwellCourt Of Appeals Of Indian Territory · 1896

3Cited by1 opinion

  1. Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929

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