Southern Pine Lumber Co. v. Ward, 208 U.S. 126 (1908)

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Southern Pine Lumber Company v. Ward

No. 8

Submitted December 17, 1907
Decided January 20, 1908
208 U.S. 126

ERROR TO AND APPEAL FROM THE SUPREME

COURT OF THE TERRITORY OF OKLAHOMA

Syllabus

Although the record was not docketed until more than thirty days after the appeal was allowed, as it was accomplished soon afterwards and meanwhile no motion was made to docket and dismiss under Rule 9, a motion subsequently made was denied.

Jurisdiction of this Court attaches upon allowance of the appeal, and proceedings are to be taken here to bring in the representative of an appellee who dies after the acceptance of service of citation.

An appellee who has not himself appealed cannot be heard in this Court to assail the judgment below.

Nat. Live Stock Bank v. First Nat. Bank, 203 U.S. 296, 305, followed as to when jurisdiction of this Court to review judgments of the Supreme Court of the Territory of Oklahoma is by appeal, and not by writ of error.

Halsell v. Renfrow, 202 U.S. 287, followed as to when this Court, in reviewing a judgment of the Supreme Court of the Territory of Oklahoma, is confined to determining whether that court erred in holding that there was evidence tending to support the findings made by the trial court in a case submitted to it by stipulation, without a jury, and whether such findings sustained the judgment.

In this case, this Court holds that the supreme court of the territory did not err in finding that there was evidence to support the findings made by the trial court and that those findings sustained the judgment.

The facts are stated in the opinion.