Credit Co., Ltd. v. Arkansas Central Ry. Co., 128 U.S. 258 (1888)
U.S. Supreme CourtCredit Co., Ltd. v. Arkansas Central Ry. Co., 128 U.S. 258 (1888)
Credit Co., Limited v. Arkansas Central Railway Company
Argued November 5, 1888
Decided November 19, 1888
128 U.S. 258
An appeal from a decree of a circuit court is not "taken" until it is in some way presented to the court which made the decree appealed from so as to put an end to its jurisdiction over the cause.
An appeal taken in open court will not avail unless the appeal is duly prosecuted.
When the time for taking an appeal has expired, it cannot be arrested or called back by a simple order of court, such as entering an order nunc pro tunc.
This cause was argued at length on its merits when it was reached upon the docket. The point on which the cause was decided was called to counsel's attention by the Court and is stated in the opinion.