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GOODWIN V. FOX, 120 U. S. 775 (1887)

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U.S. Supreme Court

Goodwin v. Fox, 120 U.S. 775 (1887)

Goodwin v. Fox

Submitted March 14, 1887

Decided March 21, 1887

120 U.S. 775


The entry, on the stipulation of the parties, in a suit in equity in which an appeal has been allowed but the record is incomplete, of an order extending the time for filing the appeal bond and the certificate of evidence is equivalent to an order as of that date renewing the allowance of appeal in open court in the presence of both parties, and the appeal is returnable at this Court as if allowed at the date of the entry of the order; but if the appeal bond in such case is not filed until after the term in which the appeal was allowed by the court, citation or its equivalent is necessary to notify the appellee that the appeal allowed in term time has not been abandoned by failure to furnish the security, and the endorsement by counsel for appellees of his approval of the appeal bond is the equivalent of such notice.

This was a motion to dismiss. The case is stated in the opinion of the Court.

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