Barrel v. Transportation Company - 70 U.S. 424 (1865)
U.S. Supreme Court
Barrel v. Transportation Company, 70 U.S. 3 Wall. 424 424 (1865)
Barrel v. Transportation Company
70 U.S. (3 Wall.) 424
A petition for an appeal to this Court from the circuit court, filed in the office of the clerk of the circuit court merely, unaccompanied by an allowance of the appeal by that court, does not bring the case up. An appeal thus made dismissed.
The record showed that no appeal had been prayed or allowed in the circuit court. Accompanying the record, however, was a petitioner addressed to that court which prayed for an appeal. This petition was dated on the 20th July, 1865, ten days after the decree, and was filed on the same 20th of July, in the office of the clerk of the circuit court.