O'Connor v. Beck
District Court, D. Alaska
On the 28th day of December, 1916, plaintiff (respondent) recovered a judgment in the justice’s court against defendant (appellant) for $328.85, interest, and costs. On the 23d day of January, defendant, having served and filed notice of appeal, gave the undertaking for costs of appeal as provided by statute.
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On the 28th day of December, 1916, plaintiff (respondent) recovered a judgment in the justice’s court against defendant (appellant) for $328.85, interest, and costs. On the 23d day of January, defendant, having served and filed notice of appeal, gave the undertaking for costs of appeal as provided by statute. The file marks on the “transcript of the cause” purport that the same was filed in the office of the clerk of this court on June 2, 1917. Respondent moves to dismiss the appeal and for judgment on the undertaking. Appellant resists said motion, and files a counter motion, asking that the…
1Opinion of the Court
JENNINGS, District Judge.
Said motions were heard together. The cross-motion will first be considered. It appears from the affidavit of J. W. Bell, clerk of this court, filed in support of the cross-motion, that on the 27th day of January, 1917, the transcript of the cause was delivered to him by appellant’s attorney, but was not filed because no filing fees were paid, .although same were demanded, and that thereupon said transcript remained in his custody, unfiled, until June 1, 1917, at which date respondent’s attorneys paid the filing fees and caused the transcript to be filed for the…
2Cases cited1 opinion
- Steel v. ReesOregon Supreme Court · 1886
3Cited by2 opinions
- Alaska Credit Bureau v. BurnellDistrict Court, D. Alaska · 1946
- Russian Orthodox Greek Catholic Church v. GundlachDistrict Court, D. Alaska · 1954