SMITH
v.
GALE

U.S. | 1891-01-05
No. 580
137 U.S. 577 Supreme Court of the United States (1891) Positive Treatment
Also reported at: 34 L. Ed. 792 · 11 S. Ct. 185 · 1891 U.S. LEXIS 2045 · SCDB 1890-072
Cited by 11 cases
Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

In computing the two years after the entry of a final judgment, decree or order, sought to be reviewed in this court, within which the writ of error must be brought or the appeal taken, the day of the entry of such judgment, decree or order should be excluded. Credit Co. v. Arkansas Central Railway Co., 128 U. S. 258.

The motion to dismiss the appeal in this cause is therefore

Denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Simmons v. Hanne, 50 Fla. 267 (Fla. 1905)
    …ude the last day of the specified period. Savage v. State, 18 Fla. 970. An appeal taken August 22, from a judgment rendered February 21, is not taken within six [*273] months, and must be dismissed. Glore v. Hare, 4 Neb. 131. See also Smith v. Gale, 137 U. S. 577, 11 Sup. Ct. Rep. 185; Chicago, B. & Q. R. Co. v. Elvans, 39 Ill. App. 261; Ritchey v. Fisher, 85 Iowa 560, 52 N. W. Rep. 505; Wright, Executrix v. Manns, 111 Ind. 422, 12 N. E. Rep. 160; Hursh v. Hursh, 99 Ind. 500. Excluding the 26th day of Augus…
  • Dranow v. United States, 307 F.2d 545 (8th Cir. 1962)
    …09, 513, 11 S.Ct. 426, 428, 34 L.Ed. 1052, 1054) and that scandalous matter must be avoided at all times in this Court. However, “it is our duty to keep our records clean and free from scandal.” Green v. Elbert, 137 U.S. 615, 624, 11 S.Ct. 188, 191, 34 L.Ed. 792, 796. And, as Judge Walter H. Sanborn of this Court said many years ago, in Kelley v. Boettcher, 10 Cir., 85 F. 55, 57 (1898): “The authority and the duty of a federal court to keep its records free from stain and scandal are by no means dependent o…
  • United States v. Beaman, 61 F.2d 493 (5th Cir. 1932)
    …application therefor be duly made within three months after the entry of such judgment or decree.” 28 USCA § 230. The day of the entry of the judgment or decree must he excluded in computing the time for taking an appeal to review it. Smith v. Gale, 137 U. S. 577, 11 S. Ct. 185, 34 L. Ed. 792; Burnet v. Willingham Loan & Trust Company, 282 U. S. 437, 53 S. Ct. 185, 75 L. Ed. 448. It follows that the appeal was in time if it was applied for and allowed on October 29, 1931. No formal order of allowance is nece…
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