MAYER v. HICKEY

No. 7196.

67 F.2d 489 (1933)

MAYER v. HICKEY et al.

Circuit Court of Appeals, Fifth Circuit.

November 16, 1933.


Attorney(s) appearing for the Case

George S. McCarthy, of Amarillo, Tex., for appellant.

E. H. Foster, of Amarillo, Tex., for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


PER CURIAM.

The appeal unconditionally allowed on November 25, 1932, was not void because no cost bond was fixed or given. The supersedeas bond was refused approval and the supersedeas failed. The District Court, however, could not at a subsequent term dismiss the appeal by vacating its order of allowance thereof. But no record has been filed here, though the time therefor has long since elapsed. The alleged refusal of the clerk to deliver it is not a good excuse...

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