Court of Appeals for the Ninth Circuit May 15, 1905, No. 1,091 (Copper River Min. Co. v. McClellan)

lead-opinion

GILBERT, Circuit Judge,

after stating the case as above, delivered the opinion of the court.

The appellees moved to dismiss the appeal on several grounds, the first of which is that the assignment of error and the petition for appeal had not been filed in the court below before the same were presented to a judge of this court for the allowance of the appeal.