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White v. Iowa Nat. Bank

WHITE v. IOWA NAT. BANK OF DES MOINES

White v. Iowa Nat. Bank, 71 F. 97 (8th Cir. 1895)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
December 2, 1895
Docket
No. 533
Judges
Caldwell, Sanborn, Thayer
Citations
71 F. 9717 C.C.A. 6211895 U.S. App. LEXIS 2585
Headnotes
Writ ok Kins on — Limitations. Under Act Mareli 3, 1891, § 11, a writ of error must be sued out within six months in order to authorize a review by the circuit court of appeals.
Summary
In Error to the Circuit Court of the United States for the Southern District of Iowa. Writ of error, sued out by Stephen V. White, Franklin W. Hopkins, and S. V. White & Co., to review a judgment in favor of the Iowa National Bank of Des Moines, Iowa. Writ dismissed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sanborn

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SANBORN, Circuit Judge.

This court has no jurisdiction of this case. The writ of error was sued out on July 9, 1891, to review a judgment of dismissal of the action which was rendered on October 18, 1893. No motion for a new trial was made in the court below, and the judgment was final on that day, more than eight months before the writ of error was issued. Section 11 of the act of March 3, 1891, which created this court, and gave it the right to review the judgments of the circuit courts, provides:

“That no appeal or writ of error by which any order, judgment, or decree may be reviewed in the circuit courts of appeals under the provisions of tills act shall be taken or sued out except within six months after the entry of the order, judgment, or decree sought to be reviewed.” 28 Stat. 829 , c. 517; 1 Supp. Rev. St. p. 904.

The writ, must, accordingly, be dismissed, and it is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11908: 218962026peak 1908 · 2

Relies on it most ⓘ

  1. Porter v. Brook1908 OK 178, 97 P. 645
  2. Blaffer v. New Orleans Water Supply Co.160 F. 389 (5th Cir. 1908)
  3. Conecticut Fire Ins. v. Oldendorff73 F. 88 (9th Cir. 1896)

Most recent

  1. Porter v. Brook1908 OK 178, 97 P. 645
  2. Blaffer v. New Orleans Water Supply Co.160 F. 389 (5th Cir. 1908)
  3. Conecticut Fire Ins. v. Oldendorff73 F. 88 (9th Cir. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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