The Federal Reporter: With Key-Number Annotations ..., volume 160

Cover The Federal Reporter: With Key-Number Annotations ..., volume 160
The Federal Reporter: With Key-Number Annotations ..., volume 160
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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He had applied for leave to become a party, but this leave was not given, so he was not a party to the decree from which he appeals, and the appeal is dismissed for want of Juris- diction." In Ex parte Cutting, supra, it is said : "It was claimed by Cutting and others that they were admitted as parties to the main suit when they filed their petition therefor, and that subsequently they were in a position to demand an appeal as parties; but, as a matter of fact, the parties presenting the petiti...on never did become parties. They filed their petition to become defendants in the suit, but it was never granted. Not only was no express order made to that effect, but there is nothing to show that they were ever in any manner recognized as parties. We are aware that there are oases in which parties have been treated as parties to the suit after having filed the petition for leave to come in when no formal order admitting them appears on the record, but in all such cases it wUl be found that they have acted or have been recognized as parties in the subsequent proceedings in the case." In Myers v.

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