Legal Opinion

Rudolph v. Creamer

Court of Appeals for the D.C. Circuit

Decided May 6, 1912No. 2384Published

Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, quashing the finding and sentence of the Police Trial Board of the District of Columbia, and the affirmance thereof on appeal by the Commissioners of the District of Columbia, whereby the appellee was removed from the police force..

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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, quashing the finding and sentence of the Police Trial Board of the District of Columbia, and the affirmance thereof on appeal by the Commissioners of the District of Columbia, whereby the appellee was removed from the police force.. The Court in the opinion stated the facts as follows: This appeal is from a judgment in the supreme court of the District in a certiorari proceeding quashing the finding and sentence of the police trial board of the District of Columbia, and the affirmance of said finding and…

1Opinion of the CourtJustice Kobb

At the outset it may not be amiss to direct attention to a rule to which we have hitherto frequently given our assent, namely, that, inasmuch as the writ of certiorari is issued only in the sound discretion of the court, it “should never be granted except when required to effect substantial justice, nor in any case to give effect to mere technical objections, or to allow a party to avail himself of mere irregularities in the proceedings complained of.” District of Columbia v. Burgdorf, 6 App. D. C. 471; District of Columbia v. Brooke, 29 App. D. C. 563. And this court has jurisdiction to…

2Cases cited4 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1897
  2. Joyce v. City of ChicagoIllinois Supreme Court · 1905
  3. State v. DeweySupreme Court of Vermont · 1883
  4. People ex rel. Carney v. ScannellAppellate Division of the Supreme Court of the State of New York · 1903

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