Smith v. Gale
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This was a motion to dismiss an appeal, on the ground that it “was not taken within the time prescribed by law.”
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This was a motion to dismiss an appeal, on the ground that it “was not taken within the time prescribed by law.” It appeared that the final decree was entered of record by the Supreme Court of the Territory of Dakota, on the 25th of May, 1886. The appeal from this decision was allowed, th% supersedeas bond was offered and the citation was signed on the 25th day of May, 1888,'by the chief' justice of that court, and these papers were all filed on that day in the clerk’s office of that court. Final judgment was entered in this action on…
1Opinion of the CourtChief Justice Fuller
In computing the two years after the entry of a final judgment, decree or order, sought to be reviewed in this court, within which the writ of error must be brought or the appeal taken, the day of the entry of such judgment, decree or order should be excluded. Credit Co. v. Arkansas Central Railway Co., 128 U. S. 258.
The motion to dismiss the appeal in this cause is therefore
Denied.
2Cases cited1 opinion
- Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888
3Cited by9 opinions
- Stringer v. United StatesUnited States Court of Claims · 1950
- Simmons v. HanneSupreme Court of Florida · 1905
- J. D. Randall Co. v. Foglesong Mach. Co.Court of Appeals for the Sixth Circuit · 1912
- Bowler v. McIntyreHawaii Supreme Court · 1893
- United States v. BeamanCourt of Appeals for the Fifth Circuit · 1932
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