Legal Opinion

Casalduc v. Diaz

Court of Appeals for the First Circuit

Decided February 18, 1941No. 3639PublishedCited by 31 opinions

1Per curiam

Appellees move to dismiss this appeal, which is brought under Section 25 of the Bankruptcy Act as amended, 52 Stat. 855, 11 U.S.C.A. § 48. The ground of the motion is that the notice of appeal was not filed with the District Court within the statutory period of forty days from the date of the entry of the order.

The last day on which an appeal could have been taken was Saturday, September 14, 1940. According to the record, the notice of appeal was filed in the office of the clerk of the District Court on Monday, September 16, 1940.

An affidavit by counsel for appellant, in explanation of the…

2Cases cited4 opinions

  1. In Re GubelmanCourt of Appeals for the Second Circuit · 1925
  2. Lewis-Hall Iron Works v. BlairCourt of Appeals for the D.C. Circuit · 1928
  3. The WashingtonCourt of Appeals for the Second Circuit · 1926
  4. W. J. White Co. v. WintonCalifornia Court of Appeal · 1919

3Cited by31 opinions

  1. McIntosh v. AntoninoCourt of Appeals for the First Circuit · 1995
  2. Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1946
  3. Raymond P. Ward v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
  4. Kahler-Ellis Company, Etc. v. The Ohio Turnpike Commission and the Ohio National BankCourt of Appeals for the Sixth Circuit · 1955
  5. McCord v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1941

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