Macfarland v. Poulos
Court of Appeals for the D.C. Circuit
Hearing on a motion by tbe appellees to dismiss an appeal from an order of tbe Supreme Court of tbe District of Columbia confirming a verdict of the jury in a proceeding to condemn land for public purposes. The Court in the opinion stated the facts as follows: This is an appeal from a judgment confirming the verdict of a jury in a proceeding to condemn land for public purposes.
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Hearing on a motion by tbe appellees to dismiss an appeal from an order of tbe Supreme Court of tbe District of Columbia confirming a verdict of the jury in a proceeding to condemn land for public purposes. The Court in the opinion stated the facts as follows: This is an appeal from a judgment confirming the verdict of a jury in a proceeding to condemn land for public purposes. An act of Congress approved June 27, 1906, authorized the commissioners of the District of Columbia to condemn sufficient land for the extension of Monroe street, at a width of 60 feet, from Harrison street northward…
1Opinion of the CourtChief Justice Shepard
Five of the appellees have moved to dismiss the appeal. Preliminary to their consideration, it is to be remarked that the record does not show that notice of appeal was given in open court; nor is there any citation on appeal. Consequently, there is nothing in the record, but the recital of certain of the appellees’ names in the verdict, and others in the title of the cause, to indicate the parties actually included in the appeal. As no motion to dismiss has been made on this account, it will be presumed that a notice of appeal was given as to the parties named, and that it was omitted in the…
2Cases cited5 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Consumers' Gas Trust Co. v. HarlessIndiana Supreme Court · 1892
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1908
- Helm & Northwestern Railroad v. TurnerMississippi Supreme Court · 1906
- Missouri Pacific Railway Co. v. GruendelCourt of Appeals of Kansas · 1896