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8 Ariz. 255

Shattuck v. Costello

Arizona Supreme Court

Decided March 20, 1903

Arizona Supreme Court · decided 1903-03-20

<p>1. Appeal and Error—Bond—Time of Filing—Jurisdiction.—Where the record discloses that an appeal-bond was not filed within twenty days after the term at which judgment was rendered, the supreme court has no jurisdiction, and the appeal must be dismissed, even, though the defect was not ealled to the court’s attention until on rehearing.</p>

Cited by 4 later decisions — most recently July 1959

4 state decisions

Relies on Putnam v. Putnam · Hand v. Ruff

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1903-03-20

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THE COURT.

¶1This canse was heard and decided at the January, 1901, term of this court. A rehearing was granted at a subsequent term. Upon the reargument, counsel for appellee for the first time called the attention of the court to the record, which discloses that the appeal-bond was not filed within the statutory period of twenty days after the term at which the judgment was rendered. An examination of the record shows the objection to be well taken. The appeal-bond was filed October 27, 1901—more than twenty days after the adjournment of the term at which the judgment was rendered. This court, therefore, is without jurisdiction.

¶2The delay in calling the court’s attention to this matter is inexcusable, and, did the law permit, this court would be justified, under the circumstances, in regarding the delay as a waiver of the objection. This court, however, has repeatedly held that the filing of an appeal-bond within the time limited by the statutes is a jurisdictional requisite of an appeal. Putnam v. Putnam, 3 Ariz. 182, 24 Pac. 320; Ruff v. Hand, 3 Ariz. 175, 24 Pac. 257. We have no discretion in the matter, but must dismiss the appeal, and it is so ordered.

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