Seymour v. Freer
72 U.S. 822 (1866)

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U.S. Supreme Court

Seymour v. Freer, 72 U.S. 5 Wall. 822 822 (1866)

Seymour v. Freer

72 U.S. (5 Wall.) 822

Syllabus

Where, through mistake or accident, no bond, or a defective bond, has been filed, this Court will not dismiss the appeal -- if it is in all other respects quite regular -- except on failure to comply with an order to give the proper security within such reasonable time as it may prescribe.

This was a motion to dismiss an appeal because the bond for the prosecution of the appeal was not filed within ten days after the decree.

It appeared that the decree in the circuit court was drawn and placed in the lands of the clerk on the 15th of November, 1866, upon an understanding by the counsel, sanctioned by the court, that it was to be entered, when approved by the court, as of that day. It was retained for several days by the judge, who required a stipulation from counsel in respect to the receiver appointed by the decree, and was then returned to the clerk, and entered on the 20th as of the 15th. The bond was filed on the 28th.

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