Mackay

Mackay v. Fox

Good Law
121 F. 487·2 Alaska Fed. 44·57 C.C.A. 439·1903 U.S. App. LEXIS 4627
United States Court of Appeals for the Ninth CircuitFebruary 16, 1903No. 867California2,685 words

Opinion

Lead Opinion

Gilbert, J.

*47 A motion is made to dismiss the writ because it does not appear from the transcript that the judgment was ever filed or entered of record. We find no ground to sustain the motion. In the transcript appears a copy of the judgment, at the beginning of which it is recited that “on the 8th day of March, 1892, the court rendered judgment herein, which is in words and figures as follows, to wit.” The petition for the writ of error refers to the judgment as “heretofore rendered.” The writ refers to the “rendition of the judgment.” The clerk’s certificate certifies that the transcript which contains the judgment entry is a “full, true, and correct copy of the records and proceedings as the same remains of record and on file in the office of the clerk.” It is thus made sufficiently clear that the judgment, a copy of which is found in the transcript,' was the judgment of the court, and that it was rendered on March 8, 1902, and entered upon the journal; otherwise it could not be among the records in the case. The Code of Alaska does not require that the judgment shall be filed. Act June 6, 1900, c. 786, 31 Stat. 379 .

The action, as it was begun, was brought by the defend ants in error…

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