OWINGS ET AL.
v.
LESSEE OF TIERNAN
Mr. Justice Story delivered the opinion of the Court, to the following effect: The rule of the court for docketing and .dismissing causes' has never been applied to any cases, where, before the motion was made, the cause had been actually placed on the docket. In. the. present case, the motion to'dismiss, and the motion to docket the cause, are contemporaneous. . The court are of opinion that, under such circumstances, the ¿notion to docket, the cause ought to be allowed ; upon the usual bond for. the clerk’s fees being given. For this purpose time will be given to the plaintiff in error, (as it is asked), until the 1st day of.March next. If by that time no bond is given, the cause will then be dismissed according the motion of the defendant in error.
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Am. Gas Mach. Co., Inc. v. Willcuts, 87 F.2d 924 (8th Cir. 1937)…strictly complied with, nevertheless the first ground of the motion must be denied because it was not made before the transcript was actually filed and the appeal docketed. West Chicago St. R. Co. v. Ellsworth (C.C.A.7) 77 F. 664; Owings v. Tiernan, 10 Pet. 24, 9 L.Ed. 333; The Kawailani (C.C.A.9) 128 F. 879; Altenberg v. Grant (C.C.A.6) 83 F. 980; Andrews v. Thum (C.C.A.l) 64 F. 149; Witte v. Franklin Fire Insurance Co. (C.C.A.8) 46 F.(2d) 894; McMillan Contracting Co. v. Abernathy (C.C.A.8) 284 F. 354.…
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