Spratlin v. Haller
Supreme Court of Arkansas
Appeal — Limitation—Dismissal.—-An appeal in a civil case prayed before tlie clerk of the supreme court more than three years after the judgment was rendered in the trial court was too late, under Sand. & H. Dig., § 1027, and will he dismissed. Appeal from Arkansas Circuit Court. James S. Tiiomas, Judge. The transcript was not filed within time. Gf. Sand. & H. Dig., §§ 1022, 1018, 1027; Acts 1899, 111 ; 36 Ark. 517.
1Opinion of the CourtHughes, J.
The judgment in this case was rendered on the 14th of April, 1896. On that day appellant filed a motion for a new trial, which was by the court overruled, to which he excepted and prayed an appeal to the supreme court, which was granted by the court, and he was allowed 60 da)^ in which to prepare and file his bill of exceptions. The transcript was filed in this court January 25, 1900, more than nine months after the judgment was rendered.
Section 1022, Sandels & Hill's Digest, reads as follows: “It shall be the duty of the appellant to file in the clerk’s office of the supreme court, within…
2Cases cited5 opinions
- Smythe v. BoswellIndiana Supreme Court · 1889
- Garritee v. PoppleinCourt of Appeals of Maryland · 1891
- Chapman v. Bank of CaliforniaCalifornia Supreme Court · 1891
- Boswell v. BoswellIndiana Supreme Court · 1889
- Reynolds v. McCallumSupreme Court of Arkansas · 1873
3Cited by4 opinions
- Cooper v. RyanSupreme Court of Arkansas · 1904
- Osborn v. LeMaireSupreme Court of Arkansas · 1907
- Damon v. HammondsSupreme Court of Arkansas · 1905
- O'Daniel v. the Brunswick Balke Collender CompanySupreme Court of Arkansas · 1938