AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LUCY et al. v. BOARD OF TRUSTEES OF UNIVERSITY OF ALABAMA et al.

HOLMES, Circuit Judge.

In the order appealed from, dismissing the complaint as to each of the defendants in this cause, the court below allowed the plaintiffs fifteen days within which to amend their complaint. It also allowed one of the defendants until October 27, 1953, to file objections to the application to substitute him as a party defendant for defendant Bidgood. The order appealed from was dated October 9, 1953, and the notice of appeal was filed October 27, 1953. There is nothing in the record to show that the plaintiffs did not amend their complaint within the fifteen days allowed them for that purpose, and there is nothing in the record to show that Oliver Cromwell Carmichael did not file objections to the application to substitute him as a party defendant for defendant Bidgood. Accordingly, the appeal was prematurely filed and should be dismissed for that reason. Western Electric Co. v. Pacent Reproducer Corporation, 2 Cir., 37 F.2d 14. It is so ordered.

Appeal dismissed.

Use AI to get other relevant cases.

Comments

LUCY v. BOARD OF TRUSTEES OF UNIV. OF ALABAMA
(Jun 15, 1954)