Montgomerys Manual of Federal Procedure Practice And Forms

Cover Montgomerys Manual of Federal Procedure Practice And Forms
Montgomerys Manual of Federal Procedure Practice And Forms
Charles Carroll Montgomery
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, 73 Fed. 22, 19 C. C. A. 352 ; Anson v. Blue Ridge R. R. Co. , 23 How. 1, 16 L. Ed. 517 ; Davidson v. Lanier, 4 Wall. 447, 18 L. Ed. 377 ; Seymour v. Freer, 5 Wall. 822, 18 L. Ed. 564. ) In accordance with this rule a bond furnished one month after the appeal is taken has been held to be furnished within a reason- able time. (Schenck v. Diamond Match Co. , 73 Fed. 22, 19' C. C. A. 352. ) A lapse of four years where permission to supply the bond has never been asked has been held to constitute ...ground for 'dismissal of appeal. (Beardsley v. Arkansas & L. R. R. Co. , 158 U. S. 123, 39 L. Ed. 919, 15 Sup. Ct. 786. ) Not being jurisdictional, bond may be waived by the appellees. (Kingsbury v. Buckner, 134 U. S. 650, 33 L. Ed. 1047, 10 Sup. Ct. 638. ) The sufficiency of the security is discretionary with the trial judge, and he may, within his discretion, accept a bond signed by 1664, Ch. 75 MANUAL OF FEDERAL PROCEDURE. 606 any number of sureties, or one in which they are either jointly and severally or jointly or severally bound, or one in which each surety is only bound severally for a specified part of the security.

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