Cincinnati Safe & Lock Co. v. Grand Rapids Safety Deposit Co.
Cincinnati Safe & Lock Co. v. Grand Rapids Safety Deposit Co.
Opinion
Judgment was rendered in this case by the Circuit Court of the United States for the Southern District of Ohio on April 25,1891. An entry was made of record, June 19, 1891, that the court “ allows a writ of error to the Supreme Court of the United States, with stay of execution, upon the filing of a supersedeas bond,” as described, and such a bond was filed and approved June 20, 1891. A petition for the allowance of the writ of error and an assignment of errors were filed in the clerk’s office of the Circuit Court, July 3, 1891, and the writ of error bears test' and was, filed in that office on that day, and a citation to the adverse party signed and served.
The motion to dismiss must be sustained upon the authority of Wauton v. De Wolf, 142 U. S. 138 ; Brooks v. Norris, 11 How. 204; Credit Co. v. Arkansas Central Railway Co., 128 U. S. 258, and cases cited.
Writ of error dismissed.
Reference
- Full Case Name
- Cincinnati Safe and Lock Company v. Grand Rapids Safety Deposit Company
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- The judgment in the court below in this case Was rendered April 25, 1891. On the 19th of June, 1891, an entry was made of record that the court “ allows a writ of error to the Supreme Court of the United States, with stay of execution, upon the filing of a supersedeas bond.” Such bond was filed and approved June 20,-1891'. The jurisdiction of this court in cases dependent upon diverse citizenship was taken away March 3, 1891, except as to pending cases and cases wherein the writ of error or appeal should be sued out or taken before July 1, 1891. In this case the petition for the writ and the assignment of errors were filed in the court below July 3, 1891, and the writ bore test on that day. On motion to dismiss for want of jurisdiction, Held, that the writ was not sued out or taken before July 1, 1891, and that it must be dismissed.