Tubman v. Baltimore & Ohio Railroad
District of Columbia Court of Appeals
Hearing on a motion by the appellees to dismiss an appeal. The facts are sufficiently stated in the opinion.
1Opinion of the CourtChief Justice Aevey
In this case, there has been a motion made by the appellees to dismiss the appeal, upon the ground that no appeal lies in such case as that shown by the record, and we are clearly of opinion that such motion must prevail.
The appeal is taken not from the judgment dismissing the case in the court below, but from an order of the court overruling a motion to strike out or vacate the judgment dismissing the case, and which motion to vacate was not made until after the lapse of more than two terms of the court in which the original judgment was entered. It is not shown that there was any fraud or…
2Cited by6 opinions
- Microwave Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1974
- Ray v. BruceDistrict of Columbia Court of Appeals · 1943
- Consolidated Radio Artists, Inc. v. Washington SectionCourt of Appeals for the D.C. Circuit · 1939
- Crowley v. WoodDistrict of Columbia Court of Appeals · 1942
- Serkowich v. WardellCourt of Appeals for the D.C. Circuit · 1938
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