United States Supreme Court Cases & Opinions

U.S. Supreme Court

Georgia Lumber Co. v. Compania de Navegacion, 323 U.S. 334 (1945)

Georgia Hardwood Lumber Co. v.

Compania de Navegacion Transmar, S.A.

No. 180

Argued December 14, 1944.-Decided January 2, 1945

323 U.S. 334

Syllabus

1. Under § 8(c) of the Act of February 13, 1925, which provides that no appeal to a Circuit Court of Appeals shall be allowed "unless application therefor be duly made within three months," and which is applicable to admiralty proceedings, the District Court has discretion, where within the three months' period a notice of appeal is filed in the office of the clerk of the court and the intention to appeal is apparent, to treat the notice of appeal as an application for allowance of an appeal, and the action of the District Court in so treating a notice of appeal as an application for allowance of an appeal in this case was not an abuse of discretion. P. 323 U. S. 336.

2. Where the appeal statute merely requires that an application for appeal be made within the prescribed time, the allowance may be made subsequently. P. 323 U. S. 337.

141 F.2d 652 affirmed.

Certiorari, post, p. 692, to review the reversal of a decree dismissing a libel in admiralty.