United States Supreme Court Cases & Opinions

U.S. Supreme Court

Taylor v. Leesnitzer, 220 U.S. 90 (1911)

Taylor v. Leesnitzer

No. 45

Argued March 8, 1911

Decided March 20, 1911

220 U.S. 90

Syllabus

Although generally slow to overrule decisions of courts other than those of the United States on questions of local practice, this Court will do so where, as in this case, the court below yields a consideration of the merits to form and takes too strict a view of its own powers.

When an appeal is taken in open court, all parties are present in fact or in law and have notice, formalities are not needed to indicate that it is taken against all parties.

The requirement of a bond in the Court of Appeals of the District of Columbia does not go to the essence of the appeal, and the form should be objected to within twenty days, and where the appeal was taken in open court, objections to the form of bond cannot be taken on a motion to dismiss the appeal filed six months after the appeal was taken based on defects in the appeal.

Although too late for an appeal to be dismissed on account of the form of bond, if the proper parties are before the court, leave can be given to file an additional bond if desired.

31 App.D.C. 92 reversed.

The facts are stated in the opinion.