U.S. Court of Appeals for the Ninth Circuit, 1953

Beecher v. Smithson

U.S. Court of Appeals for the Ninth Circuit · Decided June 12, 1953 · Denman, Orr, Per Curiam, Pope

205 F.2d 113; 1953 U.S. App. LEXIS 2560 (Federal Reporter, Second Series)

Counsel

S. P. Beecher, in pro. per., for appellant., John J. Ripple, Spokane, Wash., for ap-pellee Smithson.

Cases that cite this one

3 later published cases cite this decision.

United States v. Jeffrey Joe Alerta (9th Cir. 1996)
S. P. Beecher v. Homer Smithson, Trustee (9th Cir. 1954)
Beecher v. Leavenworth State Bank (9th Cir. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellee Smithson moves to dismiss Beecher’s appeal, notice of which was filed on December 15, 1952, on the grounds (1) that the appeal bond as security for costs on appeal required by Fed.Rules Civ.Proc. rule 73(c), 28 U.S.C.A. has not been filed; (2) although the notice of appeal was filed on December 15, 1952, the designation of the record to be printed was not made or served until April 28, 1953, thus violating Fed.R.Civ.P. rule 75(a); (3) The designation of the record made does not “distinctly and accurately refer to the pages of the original certified record” as required by Rule 19-6 of the Rules of this court, so that the clerk cannot ascertain definitely which portions of the record should be printed and the appellee cannot make a proper counter-designation.

These facts constitute a proper basis for a dismissal of the appeal. Fed.R.Civ.P. rule 73(a).

The appeal is ordered dismissed.

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