Annotated Forms of Federal Procedure
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Y., Dated . Their Solicitor.
(1) See note to' Form No. 1850.
All the parties against whom a joint decree is rendered must unite in a petition for appeal or the appeal will be dismissed unless there has been a summons and severance or some equivalent pro- ceeding. Hardee v. Wilson, 146 U. S. 179; Masterson v. Herndon, 10 Wall. 416; Humes v. 3rd Nat'I Bank, 54 Fed. 917; Hedges v. Seibert Cyl. Oil Cup Co., SO Fed. 643.
Where a decree is severable in fact and in law one defendant may- prosecute an ...appeal therefrom without joining a co-defendant who does net desire to .appeal. City Nat'I Bank v. Hunter, 129 U. S.
557; Brewster v. Wakefield, 22 How. 118. An appeal by one of several defendants brings up so much of the case and such of the proceedings as are necessary for the determination of his rights.
Milner v. Meek, 95 U. S. 252.
For form of notice of summons and severance, see Forms Nos.
1796 and 1860.
No. 1859.
Motion for Severance on Appeal.
[Caption.] Now comes the Kansas City Gas Company, The Wyan- dotte County Gas Company, Fidelity Trust Company and The Kansas City Pipe Line Company, defendants in the above entitled cause, and state and show to the court' that they have filed their assignments of errors and petition for allowance of appeal from the final judgment and decree entered in the above entitled cause on August 13, 1917; that demand and notice to join in said appeal have been duly made and served upon each and all of their co-defendants; 2878 APPELLATE PROCEEDINGS.
What to read after Annotated Forms of Federal Procedure?
You can find similar books in the "Read Also" column, or choose other free books by George Washington Rightmire to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Y., Dated . Their Solicitor.
(1) See note to' Form No. 1850.
All the parties against whom a joint decree is rendered must unite in a petition for appeal or the appeal will be dismissed unless there has been a summons and severance or some equivalent pro- ceeding. Hardee v. Wilson, 146 U. S. 179; Masterson v. Herndon, 10 Wall. 416; Humes v. 3rd Nat'I Bank, 54 Fed. 917; Hedges v. Seibert Cyl. Oil Cup Co., SO Fed. 643.
Where a decree is severable in fact and in law one defendant may- prosecute an ...appeal therefrom without joining a co-defendant who does net desire to .appeal. City Nat'I Bank v. Hunter, 129 U. S.
557; Brewster v. Wakefield, 22 How. 118. An appeal by one of several defendants brings up so much of the case and such of the proceedings as are necessary for the determination of his rights.
Milner v. Meek, 95 U. S. 252.
For form of notice of summons and severance, see Forms Nos.
1796 and 1860.
No. 1859.
Motion for Severance on Appeal.
[Caption.] Now comes the Kansas City Gas Company, The Wyan- dotte County Gas Company, Fidelity Trust Company and The Kansas City Pipe Line Company, defendants in the above entitled cause, and state and show to the court' that they have filed their assignments of errors and petition for allowance of appeal from the final judgment and decree entered in the above entitled cause on August 13, 1917; that demand and notice to join in said appeal have been duly made and served upon each and all of their co-defendants; 2878 APPELLATE PROCEEDINGS.
What to read after Annotated Forms of Federal Procedure?
You can find similar books in the "Read Also" column, or choose other free books by George Washington Rightmire to read onlineMoreLess
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