McDowell v. United States
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. This case comes to this court on questions certified by the Court of Appeals of the Fourth Circuit.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. This case comes to this court on questions certified by the Court of Appeals of the Fourth Circuit. The facts, as stated, are that a vacancy existed in the office .of District judge of the United States for the District of South Carolina, from January 1, 1894, to February 1.2, 1894. The regular terms of the District Court for the Western District were-fixed by law to be held at Greenville on the first Mondays of February and August, act of April 26,1890, c. 165, 26 Stat. 71, and the first Monday of February, 1894, fell on…
1Opinion of the CourtJustice Beewee
The contentions of counsel for plaintiff in error are that the power of a Circuit Judge or Justice to call one District Judge from his own into another district does not extend to cases in which there is a vacancy in the office of judge of the latter district; that the order of the Circuit Judge designating and appointing Judge Seymour to hold the February term, was void;.that the term lapsed; that no special term having been called, Judge Brawley was attempting to hold the District Court at a time unauthorized by law, and that, therefore, all proceedings before him were corám non yudice and…
2Cases cited2 opinions
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